Union Calendar No. 285

103D CONGRESS

2D SESSION H. R. 4453

[Report No. 103–516]

A BILL

Making appropriations for military construction for

poses.ending September 30, 1995, and for other purthe Department of Defense for the fiscal year

MAY 19, 1994

Committed to the Committee of the Whole House on the

State of the Union, and ordered to be printed
IB

Union Calendar No. 285

103D CONGRESS

2D SESSION H. R. 4453

[Report No. 103–516]

Making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1995, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 19, 1994

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

bill; which was committed to the Committee of the Whole House on the

State of the Union, and ordered to be printed

A BILL

Making appropriations for military construction for the Department of Defense for the fiscal year ending September

30, 1995, 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 Be it enacted by the Senate and House of Representatives

4 of the United States of America in Congress assembled,

5 That the following sums are appropriated, out of any

6 money in the Treasury not otherwise appropriated, for the
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1 fiscal year ending September 30, 1995, for military con2 struction functions administered by the Department of

3 Defense, and for other purposes, namely:

4 MILITARY CONSTRUCTION, ARMY

5 For acquisition, construction, installation, and equip6 ment of temporary or permanent public works, military

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

8 currently authorized by law, including personnel in the

9 Army Corps of Engineers and other personal services nec10 essary for the purposes of this appropriation, and for con11 struction and operation of facilities in support of the func12 tions of the Commander in Chief, $623,511,000, to re13 main available until September 30, 1999: Provided, That

14 of this amount, not to exceed $67,700,000 shall be avail15 able for study, planning, design, architect and engineer

16 services, as authorized by law, unless the Secretary of De17 fense determines that additional obligations are necessary

18 for such purposes and notifies the Committees on Appro19 priations of both Houses of Congress of his determination

20 and the reasons therefor.

21 MILITARY CONSTRUCTION, NAVY

22 For acquisition, construction, installation, and equip23 ment of temporary or permanent public works, naval in24 stallations, facilities, and real property for the Navy as

25 currently authorized by law, including personnel in the
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1 Naval Facilities Engineering Command and other per2 sonal services necessary for the purposes of this appropria3 tion, $462,701,000, to remain available until September

4 30, 1999: Provided, That of this amount, not to exceed

5 $47,900,000 shall be available for study, planning, design,

6 architect and engineer services, as authorized by law, un7 less the Secretary of Defense determines that additional

8 obligations are necessary for such purposes and notifies

9 the Committees on Appropriations of both Houses of Con10 gress of his determination and the reasons therefor.

11 MILITARY CONSTRUCTION, AIR FORCE

12 For acquisition, construction, installation, and equip13 ment of temporary or permanent public works, military

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

15 as currently authorized by law, $514,977,000, to remain

16 available until September 30, 1999: Provided, That of this

17 amount, not to exceed $55,900,000 shall be available for

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

19 as authorized by law, unless the Secretary of Defense de20 termines that additional obligations are necessary for such

21 purposes and notifies the Committees on Appropriations

22 of both Houses of Congress of his determination and the

23 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 $467,169,000, to remain available until September 30,

9 1999: 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 as he may

13 designate, to be merged with and to be available for the

14 same purposes, and for the same time period, as the ap15 propriation or fund to which transferred: Provided further,

16 That of the amount appropriated, not to exceed

17 $45,960,000 shall be available for study, planning, design,

18 architect and engineer services, as authorized by law, un19 less the Secretary of Defense determines that additional

20 obligations are necessary for such purposes and notifies

21 the Committees on Appropriations of both Houses of Con22 gress 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 133 of title 10,

3 United States Code, and military construction authoriza4 tion Acts, $134,235,000, to remain available until Septem5 ber 30, 1999.

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 133 of title 10, United

11 States Code, and military construction authorization Acts,

12 $209,843,000, to remain available until September 30,

13 1999.

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

18 133 of title 10, United States Code, and military construc19 tion authorization Acts, $39,121,000, to remain available

20 until September 30, 1999.

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 133 of title 10,
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1 United States Code, and military construction authoriza2 tion Acts, $12,348,000, to remain available until Septem3 ber 30, 1999.

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 133 of title 10, United States Code, and mili9 tary construction authorization Acts, $56,378,000, to re10 main available until September 30, 1999.

11 NORTH ATLANTIC TREATY ORGANIZATION

12 INFRASTRUCTURE

13 For the United States share of the cost of North At14 lantic Treaty Organization Infrastructure programs for

15 the acquisition and construction of military facilities and

16 installations (including international military head17 quarters) and for related expenses for the collective de18 fense of the North Atlantic Treaty Area as authorized in

19 military construction Acts and section 2806 of title 10,

20 United States Code, $119,000,000, to remain available

21 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, $160,602,000, to remain available until September

5 30, 1999; for Operation and maintenance, and for debt

6 payment, $1,121,208,000; in all $1,281,810,000.

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, $269,035,000, to remain

15 available until September 30, 1999; for Operation and

16 maintenance, and for debt payment, $853,599,000; in all

17 $1,122,634,000.

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, $276,482,000, to remain available until September
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1 30, 1999; for Operation and maintenance, and for debt

2 payment, $801,345,000 of which not more than

3 $14,200,000 may be obligated for the acquisition of family

4 housing units at Comiso AB, Italy; in all $1,077,827,000.

5 FAMILY HOUSING, DEFENSE-WIDE

6 For expenses of family housing for the activities and

7 agencies of the Department of Defense (other than the

8 military departments) for construction, including acquisi9 tion, replacement, addition, expansion, extension and al10 teration, and for operation and maintenance, leasing, and

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

12 Construction, $350,000, to remain available for obligation

13 until September 30, 1999; for Operation and maintenance,

14 $29,031,000; in all $29,381,000.

15 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART I

16 For deposit into the Department of Defense Base

17 Closure Account established by section 207(a)(1) of the

18 Defense Authorization Amendments and Base Closure

19 and Realignment Act (Public Law 100–526),

20 $87,600,000, to remain available for obligation until Sep21 tember 30, 1995: Provided, That none of these funds

22 may be obligated for base realignment and closure activi23 ties under Public Law 100–526 which would cause the

24 Department’s $1,800,000,000 cost estimate for military

25 construction and family housing related to the Base Re-
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1 alignment and Closure Program to be exceeded: Provided

2 further, That not less than $66,800,000 of the funds ap3 propriated herein shall be available solely for environ4 mental restoration.

5 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II

6 (INCLUDING TRANSFER OF FUNDS)

7 For deposit into the Department of Defense Base

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

9 of the Department of Defense Authorization Act, 1991

10 (Public Law 101–510), $265,700,000, to remain available

11 until expended: Provided, That not less than

12 $138,700,000 of the funds appropriated herein shall be

13 available solely for environmental restoration: Provided

14 further, That, in addition, not to exceed $133,000,000

15 may be transferred from ‘‘Homeowners Assistance Fund,

16 Defense’’ to ‘‘Base Realignment and Closure Account,

17 Part II’’, to be merged with, and to be available for the

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

19 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III

20 For deposit into the Department of Defense Base

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

22 of the Department of Defense Authorization Act, 1991

23 (Public Law 101–510), $2,322,858,000, to remain avail24 able until expended: Provided, That not less than
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1 $302,700,000 of the funds appropriated herein shall be

2 available solely for environmental restoration.

3 GENERAL PROVISIONS

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

5 Construction Appropriations Acts shall be expended for

6 payments under a cost-plus-a-fixed-fee contract for work,

7 where cost estimates exceed $25,000, to be performed

8 within the United States, except Alaska, without the spe9 cific approval in writing of the Secretary of Defense set10 ting forth the reasons therefor.

11 SEC. 102. Funds appropriated to the Department of

12 Defense for construction shall be available for hire of pas13 senger motor vehicles.

14 SEC. 103. Funds appropriated to the Department of

15 Defense for construction may be used for advances to the

16 Federal Highway Administration, Department of Trans17 portation, for the construction of access roads as author18 ized by section 210 of title 23, United States Code, when

19 projects authorized therein are certified as important to

20 the national defense by the Secretary of Defense.

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

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

23 continental United States for which specific appropria24 tions have not been made.
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1 SEC. 105. No part of the funds provided in Military

2 Construction Appropriations Acts shall be used for pur3 chase of land or land easements in excess of 100 per cen4 tum of the value as determined by the Army Corps of En5 gineers or the Naval Facilities Engineering Command, ex6 cept (a) where there is a determination of value by a Fed7 eral court, or (b) purchases negotiated by the Attorney

8 General or his designee, or (c) where the estimated value

9 is less than $25,000, or (d) as otherwise determined by

10 the Secretary of Defense to be in the public interest.

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

12 Construction Appropriations Acts shall be used to (1) ac13 quire land, (2) provide for site preparation, or (3) install

14 utilities for any family housing, except housing for which

15 funds have been made available in annual Military Con16 struction Appropriations Acts.

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

18 Construction Appropriations Acts for minor construction

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

20 base or installation to another, without prior notification

21 to the Committees on Appropriations.

22 SEC. 108. No part of the funds appropriated in Mili23 tary Construction Appropriations Acts may be used for

24 the procurement of steel for any construction project or

25 activity for which American steel producers, fabricators,
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1 and manufacturers have been denied the opportunity to

2 compete for such steel procurement.

3 SEC. 109. None of the funds available to the Depart4 ment of Defense for military construction or family hous5 ing during the current fiscal year may be used to pay real

6 property taxes in any foreign nation.

7 SEC. 110. None of the funds appropriated in Military

8 Construction Appropriations Acts may be used to initiate

9 a new installation overseas without prior notification to

10 the Committees on Appropriations.

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

12 Construction Appropriations Acts may be obligated for ar13 chitect and engineer contracts estimated by the Govern14 ment to exceed $500,000 for projects to be accomplished

15 in Japan or in any NATO member country, unless such

16 contracts are awarded to United States firms or United

17 States firms in joint venture with host nation firms.

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

19 Construction Appropriations Acts for military construc20 tion in the United States territories and possessions in the

21 Pacific and on Kwajalein Atoll may be used to award any

22 contract estimated by the Government to exceed

23 $1,000,000 to a foreign contractor: Provided, That this

24 section shall not be applicable to contract awards for

25 which the lowest responsive and responsible bid of a
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1 United States contractor exceeds the lowest responsive

2 and responsible bid of a foreign contractor by greater than

3 20 per centum.

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

5 Committees on Appropriations and the Committees on

6 Armed Services of the plans and scope of any proposed

7 military exercise involving United States personnel thirty

8 days prior to its occurring, if amounts expended for con9 struction, either temporary or permanent, are anticipated

10 to exceed $100,000.

11 (TRANSFER OF FUNDS)

12 SEC. 114. Unexpended balances in the Military Fam13 ily Housing Management Account established pursuant to

14 section 2831 of title 10, United States Code, as well as

15 any additional amounts which would otherwise be trans16 ferred to the Military Family Housing Management Ac17 count, shall be transferred to the appropriations for Fam18 ily Housing, as determined by the Secretary of Defense,

19 based on the sources from which the funds were derived,

20 and shall be available for the same purposes, and for the

21 same time period, as the appropriation to which they have

22 been transferred.

23 SEC. 115. Not more than 20 per centum of the appro24 priations in Military Construction Appropriations Acts

25 which are limited for obligation during the current fiscal
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1 year shall be obligated during the last two months of the

2 fiscal year.

3 (TRANSFER OF FUNDS)

4 SEC. 116. Funds appropriated to the Department of

5 Defense for construction in prior years shall be available

6 for construction authorized for each such military depart7 ment by the authorizations enacted into law during the

8 current session of Congress.

9 SEC. 117. For military construction or family housing

10 projects that are being completed with funds otherwise ex11 pired or lapsed for obligation, expired or lapsed funds may

12 be used to pay the cost of associated supervision, inspec13 tion, overhead, engineering and design on those projects

14 and on subsequent claims, if any.

15 SEC. 118. Notwithstanding any other provision of

16 law, any funds appropriated to a military department or

17 defense agency for the construction of military projects

18 may be obligated for a military construction project or

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

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

21 the fiscal year for which funds for such project were ap22 propriated if the funds obligated for such project (1) are

23 obligated from funds available for military construction

24 projects, and (2) do not exceed the amount appropriated

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

26 such project is increased pursuant to law.
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1 (TRANSFER OF FUNDS)

2 SEC. 119. During the five-year period after appro3 priations available to the Department of Defense for mili4 tary construction and family housing operation and main5 tenance and construction have expired for obligation, upon

6 a determination that such appropriations will not be nec7 essary for the liquidation of obligations or for making au8 thorized adjustments to such appropriations for obliga9 tions incurred during the period of availability of such ap10 propriations, unobligated balances of such appropriations

11 may be transferred into the appropriation ‘‘Foreign Cur12 rency Fluctuations, Construction, Defense’’ to be merged

13 with and to be available for the same time period and for

14 the same purposes as the appropriation to which trans15 ferred.

16 SEC. 120. The Secretary of Defense is to provide the

17 Committees on Appropriations of the Senate and the

18 House of Representatives with an annual report by Feb19 ruary 15, containing details of the specific actions pro20 posed to be taken by the Department of Defense during

21 the current fiscal year to encourage other member nations

22 of the North Atlantic Treaty Organization and Japan and

23 Korea to assume a greater share of the common defense

24 burden of such nations and the United States.
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1 (TRANSFER OF FUNDS)

2 SEC. 121. During the current fiscal year, in addition

3 to any other transfer authority available to the Depart4 ment of Defense, proceeds deposited to the Department

5 of Defense Base Closure Account established by section

6 207(a)(1) of the Defense Authorization Amendments and

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

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

9 transferred to the account established by section

10 2906(a)(1) of the Department of Defense Authorization

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

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

13 SEC. 122. The second paragraph under the heading,

14 ‘‘Family Housing, Navy and Marine Corps’’ in title XI

15 of Public Law 102–368, is amended by inserting ‘‘and the

16 August 8, 1993 earthquake in Guam’’ immediately after

17 ‘‘Typhoon Omar’’.

18 SEC. 123. (a) Of the budgetary resources available

19 to the Department of Defense for military construction

20 and family housing accounts during fiscal year 1995,

21 $10,421,000 are permanently canceled.

22 (b) The Secretary of Defense shall allocate the

23 amount of budgetary resources canceled among the De24 partment’s military construction and family housing ac25 counts available for procurement and procurement-related
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1 expenses. Amounts available for procurement and procure2 ment-related expenses in each such account shall be re3 duced by the amount allocated to such account.

4 (c) For the purposes of this section, the definition

5 of ‘‘procurement’’ includes all stages of the process of ac6 quiring property or services, beginning with the process

7 of determining a need for a product or services and ending

8 with contract completion and closeout, as specified in 41

9 U.S.C. 403(2).

10 SEC. 124. COMPLIANCE WITH BUY AMERICAN ACT.

11 No funds appropriated pursuant to this Act may be

12 expended by an entity unless the entity agrees that in ex13 pending the assistance the entity will comply with sections

14 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

15 10c, popularly known as the ‘‘Buy American Act’’).

16 SEC. 125. SENSE OF CONGRESS; REQUIREMENT REGARD17 ING NOTICE.

18 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

19 AND PRODUCTS.—In the case of any equipment or prod20 ucts that may be authorized to be purchased with financial

21 assistance provided under this Act, it is the sense of the

22 Congress that entities receiving such assistance should, in

23 expending the assistance, purchase only American-made

24 equipment and products.
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1 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

2 providing financial assistance under this Act, the Sec3 retary of the Treasury shall provide to each recipient of

4 the assistance a notice describing the statement made in

5 subsection (a) by the Congress.

6 SEC. 126. PROHIBITION OF CONTRACTS.

7 If it has been finally determined by a court or Federal

8 agency that any person intentionally affixed a fraudulent

9 label bearing a ‘‘Made in America’’ inscription, or any in10 scription with the same meaning, to any product sold in

11 or shipped to the United States that was not made in the

12 United States, such person shall be ineligible to receive

13 any contract or subcontract made with funds provided

14 pursuant to this Act, pursuant to the debarment, suspen15 sion, and ineligibility procedures described in section

16 9.400 through 9.409 of title 48, Code of Federal Regula17 tions.

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

19 Approprations Act, 1995’’.

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