II

Calendar No. 150

106TH CONGRESS

1ST SESSION S. 1205

[Report No. 106–74]

Making appropriations for military construction, family housing, and base

realignment and closure for the Department of Defense for the fiscal

year ending September 30, 2000, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 10, 1999

Mr. BURNS, from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

Making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September

30, 2000, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for

5 military construction, family housing, and base realign6 ment and closure functions administered by the Depart-
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1 ment of Defense, for the fiscal year ending September 30,

2 2000, and for other purposes, namely:

3 MILITARY CONSTRUCTION, ARMY

4 For acquisition, construction, installation, and equip5 ment of temporary or permanent public works, military

6 installations, facilities, and real property for the Army as

7 currently authorized by law, including personnel in the

8 Army Corps of Engineers and other personal services nec9 essary for the purposes of this appropriation, and for con10 struction and operation of facilities in support of the func11 tions of the Commander in Chief, $1,067,422,000, to re12 main available until September 30, 2004: Provided, That

13 of this amount, not to exceed $86,414 shall be available

14 for study, planning, design, architect and engineer serv15 ices, and host nation support, as authorized by law, unless

16 the Secretary of Defense determines that additional obli17 gations are necessary for such purposes and notifies the

18 Committees on Appropriations of both Houses of Congress

19 of his determination and the reasons therefor.

20 MILITARY CONSTRUCTION, NAVY

21 For acquisition, construction, installation, and equip22 ment of temporary or permanent public works, naval in23 stallations, facilities, and real property for the Navy as

24 currently authorized by law, including personnel in the

25 Naval Facilities Engineering Command and other per-
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1 sonal services necessary for the purposes of this appropria2 tion, $884,883,000, to remain available until September

3 30, 2004: Provided, That of this amount, not to exceed

4 $66,581,000 shall be available for study, planning, design,

5 architect and engineer services, as authorized by law, un6 less the Secretary of Defense determines that additional

7 obligations are necessary for such purposes and notifies

8 the Committees on Appropriations of both Houses of Con9 gress of his determination and the reasons therefor.

10 MILITARY CONSTRUCTION, AIR FORCE

11 For acquisition, construction, installation, and equip12 ment of temporary or permanent public works, military

13 installations, facilities, and real property for the Air Force

14 as currently authorized by law, $783,710,000, to remain

15 available until September 30, 2004: Provided, That of this

16 amount, not to exceed $32,764,000 shall be available for

17 study, planning, design, architect and engineer services,

18 as authorized by law, unless the Secretary of Defense de19 termines that additional obligations are necessary for such

20 purposes and notifies the Committees on Appropriations

21 of both Houses of Congress of his determination and the

22 reasons therefor.
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1 MILITARY CONSTRUCTION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, installa5 tions, facilities, and real property for activities and agen6 cies of the Department of Defense (other than the military

7 departments), as currently authorized by law,

8 $770,690,000, to remain available until September 30,

9 2004: Provided, That such amounts of this appropriation

10 as may be determined by the Secretary of Defense may

11 be transferred to such appropriations of the Department

12 of Defense available for military construction or family

13 housing as he may designate, to be merged with and to

14 be available for the same purposes, and for the same time

15 period, as the appropriation or fund to which transferred:

16 Provided further, That of the amount appropriated, not

17 to exceed $38,664,000 shall be available for study, plan18 ning, design, architect and engineer services, as authorized

19 by law, unless the Secretary of Defense determines that

20 additional obligations are necessary for such purposes and

21 notifies the Committees on Appropriations of both Houses

22 of Congress of his determination and the reasons therefor.

23 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

24 For construction, acquisition, expansion, rehabilita25 tion, and conversion of facilities for the training and ad-
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1 ministration of the Army National Guard, and contribu2 tions therefor, as authorized by chapter 1803 of title 10,

3 United States Code, and Military Construction Authoriza4 tion Acts, $226,734,000, to remain available until Sep5 tember 30, 2004.

6 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

7 For construction, acquisition, expansion, rehabilita8 tion, and conversion of facilities for the training and ad9 ministration of the Air National Guard, and contributions

10 therefor, as authorized by chapter 1803 of title 10, United

11 States Code, and Military Construction Authorization

12 Acts, $238,545,000, to remain available until September

13 30, 2004.

14 MILITARY CONSTRUCTION, ARMY RESERVE

15 For construction, acquisition, expansion, rehabilita16 tion, and conversion of facilities for the training and ad17 ministration of the Army Reserve as authorized by chapter

18 1803 of title 10, United States Code, and Military Con19 struction Authorization Acts, $105,817,000, to remain

20 available until September 30, 2004.

21 MILITARY CONSTRUCTION, NAVAL RESERVE

22 For construction, acquisition, expansion, rehabilita23 tion, and conversion of facilities for the training and ad24 ministration of the reserve components of the Navy and

25 Marine Corps as authorized by chapter 1803 of title 10,
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1 United States Code, and Military Construction Authoriza2 tion Acts, $31,475,000, to remain available until Sep3 tember 30, 2004.

4 MILITARY CONSTRUCTION, AIR FORCE RESERVE

5 For construction, acquisition, expansion, rehabilita6 tion, and conversion of facilities for the training and ad7 ministration of the Air Force Reserve as authorized by

8 chapter 1803 of title 10, United States Code, and Military

9 Construction Authorization Acts, $35,864,000, to remain

10 available until September 30, 2004.

11 NORTH ATLANTIC TREATY ORGANIZATION

12 SECURITY INVESTMENT PROGRAM

13 For the United States share of the cost of the North

14 Atlantic Treaty Organization Security Investment Pro15 gram for the acquisition and construction of military fa16 cilities and installations (including international military

17 headquarters) and for related expenses for the collective

18 defense of the North Atlantic Treaty Area as authorized

19 in Military Construction Authorization Acts and section

20 2806 of title 10, United States Code, $100,000,000, to

21 remain available until expended.

22 FAMILY HOUSING, ARMY

23 For expenses of family housing for the Army for con24 struction, including acquisition, replacement, addition, ex25 pansion, extension and alteration and for operation and
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1 maintenance, including debt payment, leasing, minor con2 struction, principal and interest charges, and insurance

3 premiums, as authorized by law, as follows: for Construc4 tion, $60,900,000, to remain available until September 30,

5 2004; for Operation and Maintenance, and for debt pay6 ment, $1,098,080,000; in all $1,158,980,000.

7 FAMILY HOUSING, NAVY AND MARINE CORPS

8 For expenses of family housing for the Navy and Ma9 rine Corps for construction, including acquisition, replace10 ment, addition, expansion, extension and alteration and

11 for operation and maintenance, including debt payment,

12 leasing, minor construction, principal and interest

13 charges, and insurance premiums, as authorized by law,

14 as follows: for Construction, $298,354,000, to remain

15 available until September 30, 2004; for Operation and

16 Maintenance, and for debt payment, $895,070,000; in all

17 $1,193,424,000.

18 FAMILY HOUSING, AIR FORCE

19 For expenses of family housing for the Air Force for

20 construction, including acquisition, replacement, addition,

21 expansion, extension and alteration and for operation and

22 maintenance, including debt payment, leasing, minor con23 struction, principal and interest charges, and insurance

24 premiums, as authorized by law, as follows: for Construc25 tion, $335,034,000, to remain available until September
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1 30, 2004; for Operation and Maintenance, and for debt

2 payment, $821,892,000; in all $1,156,926,000.

3 FAMILY HOUSING, DEFENSE-WIDE

4 For expenses of family housing for the activities and

5 agencies of the Department of Defense (other than the

6 military departments) for construction, including acquisi7 tion, replacement, addition, expansion, extension and al8 teration, and for operation and maintenance, leasing, and

9 minor construction, as authorized by law, as follows: for

10 Construction, $50,000, to remain available until Sep11 tember 30, 2004; for Operation and Maintenance,

12 $41,440,000; in all $41,490,000.

13 FAMILY HOUSING REVITALIZATION TRANSFER FUND

14 (INCLUDING TRANSFER OF FUND)

15 Notwithstanding any other provision of law, for ex16 penses related to improvements to existing family housing;

17 $25,000,000, to remain available until expended: Pro18 vided, That the Secretary of Defense may transfer these

19 funds only to family housing accounts, within this title:

20 Provided further, That the funds transferred shall be

21 merged with and shall be available for the same purposes

22 and for the same period, as the appropriation to which

23 transferred: Provided further, That the funds shall not be

24 transferred to the Department of Defense Family Housing

25 Improvement Fund.
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1 DEPARTMENT OF DEFENSE FAMILY HOUSING

2 IMPROVEMENT FUND

3 For the Department of Defense Family Housing Im4 provement Fund, $25,000,000, to remain available until

5 expended, as the sole source of funds for planning, admin6 istrative, and oversight costs incurred by the Housing Re7 vitalization Support Office relating to military family

8 housing initiatives undertaken pursuant to 10 U.S.C.

9 2883, pertaining to alternative means of acquiring and im10 proving military family housing and supporting facilities.

11 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART IV

12 For deposit into the Department of Defense Base

13 Closure Account 1990 established by section 2906(a)(1)

14 of the Department of Defense Authorization Act, 1991

15 (Public Law 101–510), $705,911,000, to remain available

16 until expended: Provided, That not more than

17 $426,036,000 of the funds appropriated herein shall be

18 available solely for environmental restoration, unless the

19 Secretary of Defense determines that additional obliga20 tions are necessary for such purposes and notifies the

21 Committees on Appropriations of both Houses of Congress

22 of his determination and the reasons therefor.

23 GENERAL PROVISIONS

24 SEC. 101. None of the funds appropriated in Military

25 Construction Appropriations Acts shall be expended for
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1 payments under a cost-plus-a-fixed-fee contract for con2 struction, where cost estimates exceed $25,000, to be per3 formed within the United States, except Alaska, without

4 the specific approval in writing of the Secretary of Defense

5 setting forth the reasons therefor.

6 SEC. 102. Funds appropriated to the Department of

7 Defense for construction shall be available for hire of pas8 senger motor vehicles.

9 SEC. 103. Funds appropriated to the Department of

10 Defense for construction may be used for advances to the

11 Federal Highway Administration, Department of Trans12 portation, for the construction of access roads as author13 ized by section 210 of title 23, United States Code, when

14 projects authorized therein are certified as important to

15 the national defense by the Secretary of Defense.

16 SEC. 104. None of the funds appropriated in this Act

17 may be used to begin construction of new bases inside the

18 continental United States for which specific appropria19 tions have not been made.

20 SEC. 105. No part of the funds provided in Military

21 Construction Appropriations Acts shall be used for pur22 chase of land or land easements in excess of 100 percent

23 of the value as determined by the Army Corps of Engi24 neers or the Naval Facilities Engineering Command, ex25 cept: (1) where there is a determination of value by a Fed-
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1 eral court; (2) purchases negotiated by the Attorney Gen2 eral or his designee; (3) where the estimated value is less

3 than $25,000; or (4) as otherwise determined by the Sec4 retary of Defense to be in the public interest.

5 SEC. 106. None of the funds appropriated in Military

6 Construction Appropriations Acts shall be used to: (1) ac7 quire land; (2) provide for site preparation; or (3) install

8 utilities for any family housing, except housing for which

9 funds have been made available in annual Military Con10 struction Appropriations Acts.

11 SEC. 107. None of the funds appropriated in Military

12 Construction Appropriations Acts for minor construction

13 may be used to transfer or relocate any activity from one

14 base or installation to another, without prior notification

15 to the Committees on Appropriations.

16 SEC. 108. No part of the funds appropriated in Mili17 tary Construction Appropriations Acts may be used for

18 the procurement of steel for any construction project or

19 activity for which American steel producers, fabricators,

20 and manufacturers have been denied the opportunity to

21 compete for such steel procurement.

22 SEC. 109. None of the funds available to the Depart23 ment of Defense for military construction or family hous24 ing during the current fiscal year may be used to pay real

25 property taxes in any foreign nation.
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1 SEC. 110. None of the funds appropriated in Military

2 Construction Appropriations Acts may be used to initiate

3 a new installation overseas without prior notification to

4 the Committees on Appropriations.

5 SEC. 111. None of the funds appropriated in Military

6 Construction Appropriations Acts may be obligated for ar7 chitect and engineer contracts estimated by the Govern8 ment to exceed $500,000 for projects to be accomplished

9 in Japan, in any NATO member country, or in countries

10 bordering the Arabian Gulf, unless such contracts are

11 awarded to United States firms or United States firms

12 in joint venture with host nation firms.

13 SEC. 112. None of the funds appropriated in Military

14 Construction Appropriations Acts for military construc15 tion in the United States territories and possessions in the

16 Pacific and on Kwajalein Atoll, or in countries bordering

17 the Arabian Gulf, may be used to award any contract esti18 mated by the Government to exceed $1,000,000 to a for19 eign contractor: Provided, That this section shall not be

20 applicable to contract awards for which the lowest respon21 sive and responsible bid of a United States contractor ex22 ceeds the lowest responsive and responsible bid of a for23 eign contractor by greater than 20 percent: Provided fur24 ther, That this section shall not apply to contract awards

25 for military construction on Kwajalein Atoll for which the
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1 lowest responsive and responsible bid is submitted by a

2 Marshallese contractor.

3 SEC. 113. The Secretary of Defense is to inform the

4 appropriate committees of Congress, including the Com5 mittees on Appropriations, of the plans and scope of any

6 proposed military exercise involving United States per7 sonnel 30 days prior to its occurring, if amounts expended

8 for construction, either temporary or permanent, are an9 ticipated to exceed $100,000.

10 SEC. 114. Not more than 20 percent of the appro11 priations in Military Construction Appropriations Acts

12 which are limited for obligation during the current fiscal

13 year shall be obligated during the last 2 months of the

14 fiscal year.

15 (TRANSFER OF FUNDS)

16 SEC. 115. Funds appropriated to the Department of

17 Defense for construction in prior years shall be available

18 for construction authorized for each such military depart19 ment by the authorizations enacted into law during the

20 current session of Congress.

21 SEC. 116. For military construction or family housing

22 projects that are being completed with funds otherwise ex23 pired or lapsed for obligation, expired or lapsed funds may

24 be used to pay the cost of associated supervision, inspec25 tion, overhead, engineering and design on those projects

26 and on subsequent claims, if any.
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1 SEC. 117. Notwithstanding any other provision of

2 law, any funds appropriated to a military department or

3 defense agency for the construction of military projects

4 may be obligated for a military construction project or

5 contract, or for any portion of such a project or contract,

6 at any time before the end of the fourth fiscal year after

7 the fiscal year for which funds for such project were ap8 propriated if the funds obligated for such project: (1) are

9 obligated from funds available for military construction

10 projects; and (2) do not exceed the amount appropriated

11 for such project, plus any amount by which the cost of

12 such project is increased pursuant to law.

13 (TRANSFER OF FUNDS)

14 SEC. 118. During the 5-year period after appropria15 tions available to the Department of Defense for military

16 construction and family housing operation and mainte17 nance and construction have expired for obligation, upon

18 a determination that such appropriations will not be nec19 essary for the liquidation of obligations or for making au20 thorized adjustments to such appropriations for obliga21 tions incurred during the period of availability of such ap22 propriations, unobligated balances of such appropriations

23 may be transferred into the appropriation ‘‘Foreign Cur24 rency Fluctuations, Construction, Defense’’ to be merged

25 with and to be available for the same time period and for
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1 the same purposes as the appropriation to which trans2 ferred.

3 SEC. 119. The Secretary of Defense is to provide the

4 Committees on Appropriations of the Senate and the

5 House of Representatives with an annual report by Feb6 ruary 15, containing details of the specific actions pro7 posed to be taken by the Department of Defense during

8 the current fiscal year to encourage other member nations

9 of the North Atlantic Treaty Organization, Japan, Korea,

10 and United States allies bordering the Arabian Gulf to as11 sume a greater share of the common defense burden of

12 such nations and the United States.

13 (TRANSFER OF FUNDS)

14 SEC. 120. During the current fiscal year, in addition

15 to any other transfer authority available to the Depart16 ment of Defense, proceeds deposited to the Department

17 of Defense Base Closure Account established by section

18 207(a)(1) of the Defense Authorization Amendments and

19 Base Closure and Realignment Act (Public Law 100–526)

20 pursuant to section 207(a)(2)(C) of such Act, may be

21 transferred to the account established by section

22 2906(a)(1) of the Department of Defense Authorization

23 Act, 1991, to be merged with, and to be available for the

24 same purposes and the same time period as that account.

25 SEC. 121. None of the funds appropriated or made

26 available by this Act may be obligated for Partnership for
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1 Peace Programs or to provide support for non-NATO

2 countries.

3 SEC. 122. (a) Not later than 60 days before issuing

4 any solicitation for a contract with the private sector for

5 military family housing the Secretary of the military de6 partment concerned shall submit to the congressional de7 fense committees the notice described in subsection (b).

8 (b)(1) A notice referred to in subsection (a) is a no9 tice of any guarantee (including the making of mortgage

10 or rental payments) proposed to be made by the Secretary

11 to the private party under the contract involved in the

12 event of—

13 (A) the closure or realignment of the installa14 tion for which housing is provided under the con15 tract;

16 (B) a reduction in force of units stationed at

17 such installation; or

18 (C) the extended deployment overseas of units

19 stationed at such installation.

20 (2) Each notice under this subsection shall specify

21 the nature of the guarantee involved and assess the extent

22 and likelihood, if any, of the liability of the Federal Gov23 ernment with respect to the guarantee.

24 (c) In this section, the term ‘‘congressional defense

25 committees’’ means the following:
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1 (1) The Committee on Armed Services and the

2 Military Construction Subcommittee, Committee on

3 Appropriations of the Senate.

4 (2) The Committee on Armed Services and the

5 Military Construction Subcommittee, Committee on

6 Appropriations of the House of Representatives.

7 (TRANSFER OF FUNDS)

8 SEC. 123. During the current fiscal year, in addition

9 to any other transfer authority available to the Depart10 ment of Defense, amounts may be transferred from the

11 account established by section 2906(a)(1) of the Depart12 ment of Defense Authorization Act, 1991, to the fund es13 tablished by section 1013(d) of the Demonstration Cities

14 and Metropolitan Development Act of 1966 (42 U.S.C.

15 3374) to pay for expenses associated with the Home16 owners Assistance Program. Any amounts transferred

17 shall be merged with and be available for the same pur18 poses and for the same time period as the fund to which

19 transferred.

20 SEC. 124. None of the funds appropriated in this Act

21 or any other Acts may be used for repair and maintenance

22 of any flag and general officer quarters in excess of

23 $25,000 without prior notification 30 calendar days in ad24 vance to the congressional defense committees.

25 SEC. 125. With the exception of budget authority for

26 ‘‘North Atlantic Treaty Organization Security Investment
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1 Program’’, ‘‘Family Housing, Army’’ for operation and

2 maintenance, ‘‘Family Housing, Navy and Marine Corps’’

3 for operation and maintenance, ‘‘Family Housing, Air

4 Force’’ for operation and maintenance and ‘‘Family Hous5 ing, Defense-Wide’’ for operation and maintenance, each

6 amount of budget authority for the fiscal year ending Sep7 tember 30, 2000, provided in this Act, is hereby reduced

8 by five per centum: Provided, That such reduction shall

9 be applied ratably to each account, program, activity, and

10 project provided for in this Act.

11 SEC. 126. Not later than April 30, 2000, the Sec12 retary of Defense shall submit to the congressional defense

13 committees a report examining the adequacy of special

14 education facilities and services available to the dependent

15 children of uniformed personnel stationed in the United

16 States. The report shall identify the following:

17 (1) The schools on military installations in the

18 United States that are operated by the Department

19 of Defense, other entities of the Federal government,

20 or local school districts.

21 (2) School districts in the United States that

22 have experienced an increase in enrollment of 20

23 percent or more in the past five years resulting from

24 base realignments or consolidations.
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1 (3) The impact of increased special education

2 requirements on student populations, student-teach3 er ratios, and financial requirements in school dis4 tricts supporting installations designated by the mili5 tary departments as compassionate assignment

6 posts.

7 (4) The adequacy of special education services

8 and facilities for dependent children of uniformed

9 personnel within the United States, particularly at

10 compassionate assignment posts.

11 (5) Corrective measures that are needed to ade12 quately support the special education needs of mili13 tary families, including such improvements as the

14 renovation of existing schools or the construction of

15 new schools.

16 (6) An estimate of the cost of needed improve17 ments, and a recommended source of funding within

18 the Department of Defense.

19 SEC. 127. The first proviso under the heading

20 ‘‘MILITARY CONSTRUCTION TRANSFER FUND’’

21 in chapter 6 of title II of the 1999 Emergency Supple22 mental Appropriations Act (Public Law 106–31) is

23 amended by inserting ‘‘and to the North Atlantic Treaty

24 Organization Security Investment Program as provided in
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1 section 2806 of title 10, United States Code’’ after ‘‘to

2 military construction accounts’’.

3 SEC. 128. (a) Notwithstanding any other provision

4 of law, no funds appropriated or otherwise made available

5 by this Act may be used to carry out conveyance of land

6 at the former Fort Sheridan, Illinois, unless such convey7 ance is consistent with a regional agreement among the

8 communities and jurisdictions in the vicinity of Fort

9 Sheridan and in accordance with section 2862 of the 1996

10 Defense Authorization Act (division B of Public Law 104–

11 106; 110 Stat. 573).

12 (b) The land referred to in paragraph (a) is a parcel

13 of real property, including any improvements thereon, lo14 cated at the former Fort Sheridan, Illinois, consisting of

15 approximately 14 acres, and known as the northern Army

16 Reserve enclave area, that is covered by the authority in

17 section 2862 of the 1996 Defense Authorization Act and

18 has not been conveyed pursuant to that authority as to

19 the date of enactment of this Act.

20 SEC. 129. (a) Notwithstanding any other provision

21 of law, no funds appropriated or otherwise made available

22 by this Act or any other Act may be obligated or expended

23 for any purpose relating to the construction at Bluegrass

24 Army Depot, Kentucky, of any facility employing a spe25 cific technology for the demilitarization of assembled
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1 chemical munitions until the date on which the Secretary

2 of Defense submits to the Committees on Appropriations

3 of the Senate and House of Representatives a report on

4 the results of the completed demonstration of the six alter5 natives to baseline incineration for the destruction of

6 chemical agents and munitions as identified by the Pro7 gram Evaluation Team of the Assembled Chemical Weap8 ons Assessment program.

9 (b) In order to provide funding for the completion

10 of the demonstration of alternatives referred to in sub11 section (a), the Secretary shall utilize the authority in sec12 tion 8127 of the Department of Defense Appropriations

13 Act, 1999 (Public Law 105–262; 112 Stat. 2333) in ac14 cordance with the provisions of that section.

15 This Act may be cited as the ‘‘Military Construction

16 Appropriations Act, 2000’’.
Calendar No. 150

106TH CONGRESS

1ST SESSION S. 1205

[Report No. 106–74]

A BILL

Making appropriations for military construction,

poses.ending September 30, 2000, and for other purfor the Department of Defense for the fiscal yearfamily housing, and base realignment and closure

JUNE 10, 1999

Read twice and placed on the calendar