IIA

103D CONGRESS

2D SESSION H. R. 4453

IN THE SENATE OF THE UNITED STATES

MAY 25 (legislative day, MAY 16), 1994

Received; read twice and referred to the Committee on Appropriations

AN ACT

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 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 1995, for military con6 struction functions administered by the Department of

7 Defense, and for other purposes, namely:
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1 MILITARY CONSTRUCTION, ARMY

2 For acquisition, construction, installation, and equip3 ment of temporary or permanent public works, military

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

5 currently authorized by law, including personnel in the

6 Army Corps of Engineers and other personal services nec7 essary for the purposes of this appropriation, and for con8 struction and operation of facilities in support of the func9 tions of the Commander in Chief, $623,511,000, to re10 main available until September 30, 1999: Provided, That

11 of this amount, not to exceed $67,700,000 shall be avail12 able for study, planning, design, architect and engineer

13 services, as authorized by law, unless the Secretary of De14 fense determines that additional obligations are necessary

15 for such purposes and notifies the Committees on Appro16 priations of both Houses of Congress of his determination

17 and the reasons therefor.

18 MILITARY CONSTRUCTION, NAVY

19 For acquisition, construction, installation, and equip20 ment of temporary or permanent public works, naval in21 stallations, facilities, and real property for the Navy as

22 currently authorized by law, including personnel in the

23 Naval Facilities Engineering Command and other per24 sonal services necessary for the purposes of this appropria25 tion, $462,701,000, to remain available until September
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1 30, 1999: Provided, That of this amount, not to exceed

2 $47,900,000 shall be available for study, planning, design,

3 architect and engineer services, as authorized by law, un4 less the Secretary of Defense determines that additional

5 obligations are necessary for such purposes and notifies

6 the Committees on Appropriations of both Houses of Con7 gress of his determination and the reasons therefor.

8 MILITARY CONSTRUCTION, AIR FORCE

9 For acquisition, construction, installation, and equip10 ment of temporary or permanent public works, military

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

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

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

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

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

16 as authorized by law, unless the Secretary of Defense de17 termines that additional obligations are necessary for such

18 purposes and notifies the Committees on Appropriations

19 of both Houses of Congress of his determination and the

20 reasons therefor.

21 MILITARY CONSTRUCTION, DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

23 For acquisition, construction, installation, and equip24 ment of temporary or permanent public works, installa25 tions, facilities, and real property for activities and agen-
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1 cies of the Department of Defense (other than the military

2 departments), as currently authorized by law,

3 $467,169,000, to remain available until September 30,

4 1999: Provided, That such amounts of this appropriation

5 as may be determined by the Secretary of Defense may

6 be transferred to such appropriations of the Department

7 of Defense available for military construction as he may

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

9 same purposes, and for the same time period, as the ap10 propriation or fund to which transferred: Provided further,

11 That of the amount appropriated, not to exceed

12 $45,960,000 shall be available for study, planning, design,

13 architect and engineer services, as authorized by law, un14 less the Secretary of Defense determines that additional

15 obligations are necessary for such purposes and notifies

16 the Committees on Appropriations of both Houses of Con17 gress of his determination and the reasons therefor.

18 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

19 For construction, acquisition, expansion, rehabilita20 tion, and conversion of facilities for the training and ad21 ministration of the Army National Guard, and contribu22 tions therefor, as authorized by chapter 133 of title 10,

23 United States Code, and military construction authoriza24 tion Acts, $134,235,000, to remain available until Septem25 ber 30, 1999.
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1 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Air National Guard, and contributions

5 therefor, as authorized by chapter 133 of title 10, United

6 States Code, and military construction authorization Acts,

7 $209,843,000, to remain available until September 30,

8 1999.

9 MILITARY CONSTRUCTION, ARMY RESERVE

10 For construction, acquisition, expansion, rehabilita11 tion, and conversion of facilities for the training and ad12 ministration of the Army Reserve as authorized by chapter

13 133 of title 10, United States Code, and military construc14 tion authorization Acts, $39,121,000, to remain available

15 until September 30, 1999.

16 MILITARY CONSTRUCTION, NAVAL RESERVE

17 For construction, acquisition, expansion, rehabilita18 tion, and conversion of facilities for the training and ad19 ministration of the reserve components of the Navy and

20 Marine Corps as authorized by chapter 133 of title 10,

21 United States Code, and military construction authoriza22 tion Acts, $12,348,000, to remain available until Septem23 ber 30, 1999.
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1 MILITARY CONSTRUCTION, AIR FORCE RESERVE

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Air Force Reserve as authorized by

5 chapter 133 of title 10, United States Code, and mili6 tary construction authorization Acts, $56,378,000, to re7 main available until September 30, 1999.

8 NORTH ATLANTIC TREATY ORGANIZATION

9 INFRASTRUCTURE

10 For the United States share of the cost of North At11 lantic Treaty Organization Infrastructure programs for

12 the acquisition and construction of military facilities and

13 installations (including international military head14 quarters) and for related expenses for the collective de15 fense of the North Atlantic Treaty Area as authorized in

16 military construction Acts and section 2806 of title 10,

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

18 until expended.

19 FAMILY HOUSING, ARMY

20 For expenses of family housing for the Army for con21 struction, including acquisition, replacement, addition, ex22 pansion, extension and alteration and for operation and

23 maintenance, including debt payment, leasing, minor con24 struction, principal and interest charges, and insurance

25 premiums, as authorized by law, as follows: for Construc-
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1 tion, $160,602,000, to remain available until September

2 30, 1999; for Operation and maintenance, and for debt

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

4 FAMILY HOUSING, NAVY AND MARINE CORPS

5 For expenses of family housing for the Navy and Ma6 rine Corps for construction, including acquisition, replace7 ment, addition, expansion, extension and alteration and

8 for operation and maintenance, including debt payment,

9 leasing, minor construction, principal and interest

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

11 as follows: for Construction, $269,035,000, to remain

12 available until September 30, 1999; for Operation and

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

14 $1,122,634,000.

15 FAMILY HOUSING, AIR FORCE

16 For expenses of family housing for the Air Force for

17 construction, including acquisition, replacement, addition,

18 expansion, extension and alteration and for operation and

19 maintenance, including debt payment, leasing, minor con20 struction, principal and interest charges, and insurance

21 premiums, as authorized by law, as follows: for Construc22 tion, $276,482,000, to remain available until September

23 30, 1999; for Operation and maintenance, and for debt

24 payment, $801,345,000 of which not more than
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1 $14,200,000 may be obligated for the acquisition of family

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

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, $350,000, to remain available for obligation

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

12 $29,031,000; in all $29,381,000.

13 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART I

14 For deposit into the Department of Defense Base

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

16 Defense Authorization Amendments and Base Closure

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

18 $87,600,000, to remain available for obligation until Sep19 tember 30, 1995: Provided, That none of these funds

20 may be obligated for base realignment and closure activi21 ties under Public Law 100–526 which would cause the

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

23 construction and family housing related to the Base Re24 alignment and Closure Program to be exceeded: Provided

25 further, That not less than $66,800,000 of the funds ap-
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1 propriated herein shall be available solely for environ2 mental restoration.

3 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II

4 (INCLUDING TRANSFER OF FUNDS)

5 For deposit into the Department of Defense Base

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

7 of the Department of Defense Authorization Act, 1991

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

9 until expended: Provided, That not less than

10 $138,700,000 of the funds appropriated herein shall be

11 available solely for environmental restoration: Provided

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

13 may be transferred from ‘‘Homeowners Assistance Fund,

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

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

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

17 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III

18 For deposit into the Department of Defense Base

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

20 of the Department of Defense Authorization Act, 1991

21 (Public Law 101–510), $2,322,858,000, to remain avail22 able until expended: Provided, That not less than

23 $302,700,000 of the funds appropriated herein shall be

24 available solely for environmental restoration.
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1 GENERAL PROVISIONS

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

3 Construction Appropriations Acts shall be expended for

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

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

6 within the United States, except Alaska, without the spe7 cific approval in writing of the Secretary of Defense set8 ting forth the reasons therefor.

9 SEC. 102. Funds appropriated to the Department of

10 Defense for construction shall be available for hire of pas11 senger motor vehicles.

12 SEC. 103. Funds appropriated to the Department of

13 Defense for construction may be used for advances to the

14 Federal Highway Administration, Department of Trans15 portation, for the construction of access roads as author16 ized by section 210 of title 23, United States Code, when

17 projects authorized therein are certified as important to

18 the national defense by the Secretary of Defense.

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

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

21 continental United States for which specific appropria22 tions have not been made.

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

24 Construction Appropriations Acts shall be used for pur25 chase of land or land easements in excess of 100 per cen-
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1 tum of the value as determined by the Army Corps of En2 gineers or the Naval Facilities Engineering Command, ex3 cept (a) where there is a determination of value by a Fed4 eral court, or (b) purchases negotiated by the Attorney

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

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

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

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

9 Construction Appropriations Acts shall be used to (1) ac10 quire land, (2) provide for site preparation, or (3) install

11 utilities for any family housing, except housing for which

12 funds have been made available in annual Military Con13 struction Appropriations Acts.

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

15 Construction Appropriations Acts for minor construction

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

17 base or installation to another, without prior notification

18 to the Committees on Appropriations.

19 SEC. 108. No part of the funds appropriated in Mili20 tary Construction Appropriations Acts may be used for

21 the procurement of steel for any construction project or

22 activity for which American steel producers, fabricators,

23 and manufacturers have been denied the opportunity to

24 compete for such steel procurement.
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1 SEC. 109. None of the funds available to the Depart2 ment of Defense for military construction or family hous3 ing during the current fiscal year may be used to pay real

4 property taxes in any foreign nation.

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

6 Construction Appropriations Acts may be used to initiate

7 a new installation overseas without prior notification to

8 the Committees on Appropriations.

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

10 Construction Appropriations Acts may be obligated for ar11 chitect and engineer contracts estimated by the Govern12 ment to exceed $500,000 for projects to be accomplished

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

14 contracts are awarded to United States firms or United

15 States firms in joint venture with host nation firms.

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

17 Construction Appropriations Acts for military construc18 tion in the United States territories and possessions in the

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

20 contract estimated by the Government to exceed

21 $1,000,000 to a foreign contractor: Provided, That this

22 section shall not be applicable to contract awards for

23 which the lowest responsive and responsible bid of a

24 United States contractor exceeds the lowest responsive
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1 and responsible bid of a foreign contractor by greater than

2 20 per centum.

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

4 Committees on Appropriations and the Committees on

5 Armed Services of the plans and scope of any proposed

6 military exercise involving United States personnel thirty

7 days prior to its occurring, if amounts expended for con8 struction, either temporary or permanent, are anticipated

9 to exceed $100,000.

10 (TRANSFER OF FUNDS)

11 SEC. 114. Unexpended balances in the Military Fam12 ily Housing Management Account established pursuant to

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

14 any additional amounts which would otherwise be trans15 ferred to the Military Family Housing Management Ac16 count, shall be transferred to the appropriations for Fam17 ily Housing, as determined by the Secretary of Defense,

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

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

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

21 been transferred.

22 SEC. 115. Not more than 20 per centum of the appro23 priations in Military Construction Appropriations Acts

24 which are limited for obligation during the current fiscal

25 year shall be obligated during the last two months of the

26 fiscal year.
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1 (TRANSFER OF FUNDS)

2 SEC. 116. Funds appropriated to the Department of

3 Defense for construction in prior years shall be available

4 for construction authorized for each such military depart5 ment by the authorizations enacted into law during the

6 current session of Congress.

7 SEC. 117. For military construction or family housing

8 projects that are being completed with funds otherwise ex9 pired or lapsed for obligation, expired or lapsed funds may

10 be used to pay the cost of associated supervision, inspec11 tion, overhead, engineering and design on those projects

12 and on subsequent claims, if any.

13 SEC. 118. Notwithstanding any other provision of

14 law, any funds appropriated to a military department or

15 defense agency for the construction of military projects

16 may be obligated for a military construction project or

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

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

19 the fiscal year for which funds for such project were ap20 propriated if the funds obligated for such project (1) are

21 obligated from funds available for military construction

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

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

24 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’’.

Passed the House of Representatives May 24, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.