IB

103D CONGRESS

2D SESSION H. R. 4453

IN THE HOUSE OF REPRESENTATIVES

JULY 15, 1994

Ordered to be printed with the amendments of the Senate numbered

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:

8 MILITARY CONSTRUCTION, ARMY

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

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

12 currently authorized by law, including personnel in the
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1 Army Corps of Engineers and other personal services nec2 essary for the purposes of this appropriation, and for con3 struction and operation of facilities in support of the func4 tions of the Commander in Chief, Ω1æ$623,511,000

5 $489,076,000, to remain available until September 30,

6 1999: Provided, That of this amount, not to exceed

7 Ω2æ$67,700,000 $62,926,000 shall be available for study,

8 planning, design, architect and engineer services, as au9 thorized by law, unless the Secretary of Defense deter10 mines that additional obligations are necessary for such

11 purposes and notifies the Committees on Appropriations

12 of both Houses of Congress of his determination and the

13 reasons therefor.

14 MILITARY CONSTRUCTION, NAVY

15 For acquisition, construction, installation, and equip16 ment of temporary or permanent public works, naval in17 stallations, facilities, and real property for the Navy as

18 currently authorized by law, including personnel in the

19 Naval Facilities Engineering Command and other per20 sonal services necessary for the purposes of this appropria21 tion, Ω3æ$462,701,000 $340,455,000, to remain available

22 until September 30, 1999: Provided, That of this amount,

23 not to exceed Ω4æ$47,900,000 $43,380,000 shall be avail24 able for study, planning, design, architect and engineer

25 services, as authorized by law, unless the Secretary of De-
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1 fense determines that additional obligations are necessary

2 for such purposes and notifies the Committees on Appro3 priations of both Houses of Congress of his determination

4 and the reasons therefor.

5 MILITARY CONSTRUCTION, AIR FORCE

6 For acquisition, construction, installation, and equip7 ment of temporary or permanent public works, military

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

9 as currently authorized by law, Ω5æ$514,977,000

10 $525,863,000, to remain available until September 30,

11 1999: Provided, That of this amount, not to exceed

12 Ω6æ$55,900,000 $53,886,000 shall be available for study,

13 planning, design, architect and engineer services, as au14 thorized by law, unless the Secretary of Defense deter15 mines that additional obligations are necessary for such

16 purposes and notifies the Committees on Appropriations

17 of both Houses of Congress of his determination and the

18 reasons therefor.

19 MILITARY CONSTRUCTION, DEFENSE-WIDE

20 (INCLUDING TRANSFER OF FUNDS)

21 For acquisition, construction, installation, and equip22 ment of temporary or permanent public works, installa23 tions, facilities, and real property for activities and agen24 cies of the Department of Defense (other than the military

25 departments), as currently authorized by law,
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1 Ω7æ$467,169,000 $561,039,000, to remain available until

2 September 30, 1999: Provided, That such amounts of this

3 appropriation as may be determined by the Secretary of

4 Defense may be transferred to such appropriations of the

5 Department of Defense available for military construction

6 Ω8æor family housing as he may designate, to be merged

7 with and to be available for the same purposes, and for

8 the same time period, as the appropriation or fund to

9 which transferred: Provided further, That of the amount

10 appropriated, not to exceed Ω9æ$45,960,000 $51,960,000

11 shall be available for study, planning, design, architect and

12 engineer services, as authorized by law, unless the Sec13 retary of Defense determines that additional obligations

14 are necessary for such purposes and notifies the Commit15 tees on Appropriations of both Houses of Congress of his

16 determination and the reasons therefor.

17 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

18 For construction, acquisition, expansion, rehabilita19 tion, and conversion of facilities for the training and ad20 ministration of the Army National Guard, and contribu21 tions therefor, as authorized by chapter 133 of title 10,

22 United States Code, and military construction authoriza23 tion Acts, Ω10æ$134,235,000 $170,479,000, to remain

24 available until September 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 Ω11æ$209,843,000 $257,825,000, to remain available until

8 September 30, 1999.

9 MILITARY CONSTRUCTION, ARMY RESERVE

10 Ω12æ(TRANSFER OF FUNDS)

11 For construction, acquisition, expansion, rehabilita12 tion, and conversion of facilities for the training and ad13 ministration of the Army Reserve as authorized by chapter

14 133 of title 10, United States Code, and military construc15 tion authorization Acts, Ω13æ$39,121,000 $40,870,000, to

16 remain available until September 30, 1999Ω14æ: Provided,

17 That of the funds appropriated for ‘‘Military Construction,

18 Army Reserve, 1992/1996’’, $1,500,000 shall be transferred

19 to ‘‘Military Construction, Army National Guard, 1992/

20 1996’’ for the same purposes as the appropriation to which

21 transferred.

22 MILITARY CONSTRUCTION, NAVAL RESERVE

23 For construction, acquisition, expansion, rehabilita24 tion, and conversion of facilities for the training and ad25 ministration of the reserve components of the Navy and
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1 Marine Corps as authorized by chapter 133 of title 10,

2 United States Code, and military construction authoriza3 tion Acts, Ω15æ$12,348,000 $18,355,000, to remain avail4 able until September 30, 1999.

5 MILITARY CONSTRUCTION, AIR FORCE RESERVE

6 For construction, acquisition, expansion, rehabilita7 tion, and conversion of facilities for the training and ad8 ministration of the Air Force Reserve as authorized by

9 chapter 133 of title 10, United States Code, and mili10 tary construction authorization Acts, Ω16æ$56,378,000

11 $45,840,000, to remain available until September 30,

12 1999.

13 NORTH ATLANTIC TREATY ORGANIZATION

14 INFRASTRUCTURE

15 For the United States share of the cost of North At16 lantic Treaty Organization Infrastructure programs for

17 the acquisition and construction of military facilities and

18 installations (including international military head19 quarters) and for related expenses for the collective de20 fense of the North Atlantic Treaty Area as authorized in

21 military construction Acts and section 2806 of title 10,

22 United States Code, Ω17æ$119,000,000 $219,000,000, to

23 remain available until expended.
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1 FAMILY HOUSING, ARMY

2 For expenses of family housing for the Army for con3 struction, including acquisition, replacement, addition, ex4 pansion, extension and alteration and for operation and

5 maintenance, including debt payment, leasing, minor con6 struction, principal and interest charges, and insurance

7 premiums, as authorized by law, as follows: for Construc8 tion, Ω18æ$160,602,000 $173,502,000, to remain available

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

10 and for debt payment, Ω19æ$1,121,208,000

11 $1,065,708,000; in all Ω20æ$1,281,810,000

12 $1,239,210,000.

13 FAMILY HOUSING, NAVY AND MARINE CORPS

14 For expenses of family housing for the Navy and Ma15 rine Corps for construction, including acquisition, replace16 ment, addition, expansion, extension and alteration and

17 for operation and maintenance, including debt payment,

18 leasing, minor construction, principal and interest

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

20 as follows: for Construction, Ω21æ$269,035,000

21 $229,295,000, to remain available until September 30,

22 1999; for Operation and maintenance, and for debt pay23 ment, Ω22æ$853,599,000 $937,599,000; in all

24 Ω23æ$1,122,634,000 $1,166,894,000.
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1 FAMILY HOUSING, AIR FORCE

2 For expenses of family housing for the Air Force for

3 construction, including acquisition, replacement, addition,

4 expansion, extension and alteration and for operation and

5 maintenance, including debt payment, leasing, minor con6 struction, principal and interest charges, and insurance

7 premiums, as authorized by law, as follows: for Construc8 tion, Ω24æ$276,482,000 $273,355,000, to remain available

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

10 and for debt payment, Ω25æ$801,345,000 $824,845,000

11 Ω26æof which not more than $14,200,000 may be obli12 gated for the acquisition of family housing units at Comiso

13 AB, Italy; in all Ω27æ$1,077,827,000 $1,098,200,000.

14 FAMILY HOUSING, DEFENSE-WIDE

15 For expenses of family housing for the activities and

16 agencies of the Department of Defense (other than the

17 military departments) for construction, including acquisi18 tion, replacement, addition, expansion, extension and al19 teration, and for operation and maintenance, leasing, and

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

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

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

23 $29,031,000; in all $29,381,000.
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1 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART I

2 For deposit into the Department of Defense Base

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

4 Defense Authorization Amendments and Base Closure

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

6 $87,600,000, to remain available for obligation until Sep7 tember 30, 1995: Provided, Ω28æThat none of these

8 funds may be obligated for base realignment and closure

9 activities under Public Law 100–526 which would cause

10 the Department’s $1,800,000,000 cost estimate for mili11 tary construction and family housing related to the Base

12 Realignment and Closure Program to be exceeded: Pro13 vided further, That not less than $66,800,000 of the

14 funds appropriated herein shall be available solely for en15 vironmental restoration.

16 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II

17 (INCLUDING TRANSFER OF FUNDS)

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), $265,700,000, to remain available

22 until expended: Provided, That not less than

23 $138,700,000 of the funds appropriated herein shall be

24 available solely for environmental restoration: Provided

25 further, That, in addition, not to exceed $133,000,000
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1 may be transferred from ‘‘Homeowners Assistance Fund,

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

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

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

5 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III

6 For deposit into the Department of Defense Base

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

8 of the Department of Defense Authorization Act, 1991

9 (Public Law 101–510), $2,322,858,000, to remain avail10 able until expended: Provided, That not less than

11 $302,700,000 of the funds appropriated herein shall be

12 available solely for environmental restoration.

13 GENERAL PROVISIONS

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

15 Construction Appropriations Acts shall be expended for

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

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

18 within the United States, except Alaska, without the spe19 cific approval in writing of the Secretary of Defense set20 ting forth the reasons therefor.

21 SEC. 102. Funds appropriated to the Department of

22 Defense for construction shall be available for hire of pas23 senger motor vehicles.

24 SEC. 103. Funds appropriated to the Department of

25 Defense for construction may be used for advances to the
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1 Federal Highway Administration, Department of Trans2 portation, for the construction of access roads as author3 ized by section 210 of title 23, United States Code, when

4 projects authorized therein are certified as important to

5 the national defense by the Secretary of Defense.

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

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

8 continental United States for which specific appropria9 tions have not been made.

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

11 Construction Appropriations Acts shall be used for pur12 chase of land or land easements in excess of 100 per cen13 tum of the value as determined by the Army Corps of En14 gineers or the Naval Facilities Engineering Command, ex15 cept (a) where there is a determination of value by a Fed16 eral court, or (b) purchases negotiated by the Attorney

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

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

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

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

21 Construction Appropriations Acts shall be used to (1) ac22 quire land, (2) provide for site preparation, or (3) install

23 utilities for any family housing, except housing for which

24 funds have been made available in annual Military Con25 struction Appropriations Acts.
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1 SEC. 107. None of the funds appropriated in Military

2 Construction Appropriations Acts for minor construction

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

4 base or installation to another, without prior notification

5 to the Committees on Appropriations.

6 SEC. 108. No part of the funds appropriated in Mili7 tary Construction Appropriations Acts may be used for

8 the procurement of steel for any construction project or

9 activity for which American steel producers, fabricators,

10 and manufacturers have been denied the opportunity to

11 compete for such steel procurement.

12 SEC. 109. None of the funds available to the Depart13 ment of Defense for military construction or family hous14 ing during the current fiscal year may be used to pay real

15 property taxes in any foreign nation.

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

17 Construction Appropriations Acts may be used to initiate

18 a new installation overseas without prior notification to

19 the Committees on Appropriations.

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

21 Construction Appropriations Acts may be obligated for ar22 chitect and engineer contracts estimated by the Govern23 ment to exceed $500,000 for projects to be accomplished

24 in Japan or in any NATO member country, unless such
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1 contracts are awarded to United States firms or United

2 States firms in joint venture with host nation firms.

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

4 Construction Appropriations Acts for military construc5 tion in the United States territories and possessions in the

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

7 contract estimated by the Government to exceed

8 $1,000,000 to a foreign contractor: Provided, That this

9 section shall not be applicable to contract awards for

10 which the lowest responsive and responsible bid of a

11 United States contractor exceeds the lowest responsive

12 and responsible bid of a foreign contractor by greater than

13 20 per centum.

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

15 Committees on Appropriations and the Committees on

16 Armed Services of the plans and scope of any proposed

17 military exercise involving United States personnel thirty

18 days prior to its occurring, if amounts expended for con19 struction, either temporary or permanent, are anticipated

20 to exceed $100,000.

21 (TRANSFER OF FUNDS)

22 SEC. 114. Unexpended balances in the Military Fam23 ily Housing Management Account established pursuant to

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

25 any additional amounts which would otherwise be trans26 ferred to the Military Family Housing Management Ac-
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1 count, shall be transferred to the appropriations for Fam2 ily Housing, as determined by the Secretary of Defense,

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

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

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

6 been transferred.

7 SEC. 115. Not more than 20 per centum of the appro8 priations in Military Construction Appropriations Acts

9 which are limited for obligation during the current fiscal

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

11 fiscal year.

12 (TRANSFER OF FUNDS)

13 SEC. 116. Funds appropriated to the Department of

14 Defense for construction in prior years shall be available

15 for construction authorized for each such military depart16 ment by the authorizations enacted into law during the

17 current session of Congress.

18 SEC. 117. For military construction or family housing

19 projects that are being completed with funds otherwise ex20 pired or lapsed for obligation, expired or lapsed funds may

21 be used to pay the cost of associated supervision, inspec22 tion, overhead, engineering and design on those projects

23 and on subsequent claims, if any.

24 SEC. 118. Notwithstanding any other provision of

25 law, any funds appropriated to a military department or

26 defense agency for the construction of military projects
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1 may be obligated for a military construction project or

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

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

4 the fiscal year for which funds for such project were ap5 propriated if the funds obligated for such project (1) are

6 obligated from funds available for military construction

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

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

9 such project is increased pursuant to law.

10 (TRANSFER OF FUNDS)

11 SEC. 119. During the five-year period after appro12 priations available to the Department of Defense for mili13 tary construction and family housing operation and main14 tenance and construction have expired for obligation, upon

15 a determination that such appropriations will not be nec16 essary for the liquidation of obligations or for making au17 thorized adjustments to such appropriations for obliga18 tions incurred during the period of availability of such ap19 propriations, unobligated balances of such appropriations

20 may be transferred into the appropriation ‘‘Foreign Cur21 rency Fluctuations, Construction, Defense’’ to be merged

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

23 the same purposes as the appropriation to which trans24 ferred.

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

26 Committees on Appropriations of the Senate and the
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1 House of Representatives with an annual report by Feb2 ruary 15, containing details of the specific actions pro3 posed to be taken by the Department of Defense during

4 the current fiscal year to encourage other member nations

5 of the North Atlantic Treaty Organization and Japan and

6 Korea to assume a greater share of the common defense

7 burden of such nations and the United States.

8 (TRANSFER OF FUNDS)

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

10 to any other transfer authority available to the Depart11 ment of Defense, proceeds deposited to the Department

12 of Defense Base Closure Account established by section

13 207(a)(1) of the Defense Authorization Amendments and

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

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

16 transferred to the account established by section

17 2906(a)(1) of the Department of Defense Authorization

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

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

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

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

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

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

24 ‘‘Typhoon Omar’’.

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

26 to the Department of Defense for military construction
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1 and family housing accounts during fiscal year 1995,

2 $10,421,000 are permanently canceled.

3 (b) The Secretary of Defense shall allocate the

4 amount of budgetary resources canceled among the De5 partment’s military construction and family housing ac6 counts available for procurement and procurement-related

7 expenses. Amounts available for procurement and procure8 ment-related expenses in each such account shall be re9 duced by the amount allocated to such account.

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

11 of ‘‘procurement’’ includes all stages of the process of ac12 quiring property or services, beginning with the process

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

14 with contract completion and closeout, as specified in 41

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

16 Ω29æSEC. 124. COMPLIANCE WITH BUY AMERICAN

17 ACT.

18 No funds appropriated pursuant to this Act may be

19 expended by an entity unless the entity agrees that in ex20 pending the assistance the entity will comply with sections

21 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

22 10c, popularly known as the ‘‘Buy American Act’’).

23 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

24 SEC. 124. In addition to amounts appropriated or oth25 erwise made available by this Act, $25,100,000 is appro26 priated to the Department of Defense and shall be available
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1 only for transfer to the United States Coast Guard, to re2 main available until expended, to defray expenses for the

3 consolidation of United States Coast Guard functions in

4 Martinsburg, West Virginia, including planning, acquisi5 tion, construction, relocation of personnel and equipment

6 and other associated costs: Provided, That of the funds ap7 propriated for ‘‘Military Construction, Naval Reserve’’

8 under Public Law 102–136, $25,100,000 are rescinded.

9 Ω30æSEC. 125. SENSE OF CONGRESS; REQUIREMENT

10 REGARDING NOTICE.

11 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

12 AND PRODUCTS.—In the case of any equipment or prod13 ucts that may be authorized to be purchased with financial

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

15 Congress that entities receiving such assistance should, in

16 expending the assistance, purchase only American-made

17 equipment and products.

18 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

19 providing financial assistance under this Act, the Sec20 retary of the Treasury shall provide to each recipient of

21 the assistance a notice describing the statement made in

22 subsection (a) by the Congress.

23 (RESCISSIONS)

24 SEC. 125. Of the funds provided in Military Construc25 tion Appropriations Acts, the following funds are hereby re-
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1 scinded from the following accounts in the specified

2 amounts:

3 ‘‘Military Construction, Defense Agencies, 1992/

4 1996’’, $30,000,000;

5 ‘‘Military Construction, Defense Agencies, 1993/

6 1997’’, $1,500,000.

7 Ω31æSEC. 126. PROHIBITION OF CONTRACTS.

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

9 agency that any person intentionally affixed a fraudulent

10 label bearing a ‘‘Made in America’’ inscription, or any in11 scription with the same meaning, to any product sold in

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

13 United States, such person shall be ineligible to receive

14 any contract or subcontract made with funds provided

15 pursuant to this Act, pursuant to the debarment, suspen16 sion, and ineligibility procedures described in section

17 9.400 through 9.409 of title 48, Code of Federal Regula18 tions.

19 SEC. 126. LAND CONVEYANCE, NAVAL RESERVE CENTER,

20 SEATTLE, WASHINGTON.

21 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

22 Navy may convey to the City of Seattle, Washington (in

23 this section referred to as the ‘‘City’’), all right, title, and

24 interest of the United States in and to a parcel of real prop25 erty, together with improvements thereon, consisting of ap-
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1 proximately 5.09 acres, the location of the Naval Reserve

2 Center, Seattle, Washington.

3 (b) CONSIDERATION.—(1) As consideration for the con4 veyance under subsection (a), the City shall pay to the

5 United States an amount equal to the fair market value

6 (as determined by the Secretary) of the portion of the real

7 property to be conveyed under subsection (a) that is de8 scribed in paragraph (2).

9 (2) Paragraph (1) applies to the portion of the parcel

10 of real property referred to in subsection (a) that consists

11 of approximately 3.67 acres and was acquired by the

12 United States from a party other than the City.

13 (c) CONDITION.—The conveyance authorized by sub14 section (a) shall be subject to the condition that the City

15 accept the real property in its condition at the time of con16 veyance.

17 (d) REQUIREMENTS RELATING TO CONVEYANCE.—(1)

18 The Secretary may not make the conveyance authorized by

19 subsection (a) until the commencement of the use by the

20 Navy of a Naval Reserve Center that is a suitable replace21 ment for the Naval Reserve Center located on the property

22 to be conveyed.

23 (2) The Secretary may not commence construction of

24 a facility to be the replacement facility under paragraph

25 (1) for the Naval Reserve Center until the Secretary com-
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1 pletes an environmental impact statement with respect to

2 the construction and operation of the facility to be the re3 placement facility.

4 (e) PAYMENT FOR COMMERCIAL USE.—If at any time

5 after the conveyance under this section the City ceases uti6 lizing the real property conveyed under subsection (a) for

7 public purposes, and uses such real property instead for

8 commercial purposes, the City shall pay to the United

9 States an amount equal to the excess, if any, of—

10 (1) an amount equal to the fair market value (as

11 determined by the Secretary) of the real property re12 ferred to in subsection (b)(2), and any improvements

13 thereon, at the time the City ceases utilizing the real

14 property for public purposes, over

15 (2) the amount determined by the Secretary

16 under subsection (b)(1).

17 (f) USE OF PROCEEDS.—Proceeds from the sale shall

18 be deposited in the Treasury of the United States.

19 (g) DESCRIPTION OF PROPERTY.—The exact acreage

20 and legal description of the property to be conveyed under

21 this section shall be determined by a survey satisfactory to

22 the Secretary. The cost of the survey shall be borne by the

23 City.

24 (h) ADDITIONAL TERMS AND CONDITIONS.—(1) The

25 Navy may scope more than one site.
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1 (2) The Secretary may require such additional terms

2 and conditions in connection with the conveyance under

3 this section as the Secretary considers appropriate to pro4 tect the interests of the United States.

5 Ω32æSEC. 127. LAND TRANSFER, WOODBRIDGE RE6 SEARCH FACILITY, VIRGINIA.

7 (a) REQUIREMENT OF TRANSFER.—Notwithstanding

8 any other provision of law, the Secretary of the Army shall

9 transfer, without reimbursement, to the Department of the

10 Interior, a parcel of real estate consisting of approximately

11 580 acres and comprising the Army Research Laboratory

12 Woodbridge Facility, Virginia, together with any improve13 ments thereon.

14 (b) USE OF TRANSFERRED PROPERTY.—The Secretary

15 of the Interior shall use appropriate parts of this real prop16 erty for (1) incorporation into the Mason Neck Wildlife Ref17 uge and (2) work with the local government and the

18 Woodbridge Reuse Committee to plan any additional usage

19 of the property, including an environmental education cen20 ter: Provided, That the Secretary of the Interior provide ap21 propriate public access to the property.

22 Ω33æSEC. 128. SENSE OF THE SENATE ON FUNDING

23 FOR MILITARY CONSTRUCTION PROJECTS NOT RE24 QUESTED IN THE PRESIDENT’S ANNUAL BUDGET

25 REQUEST.
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1 (a) SENSE OF THE SENATE.—It is the sense of the Sen2 ate that, to the maximum extent practicable, the Senate

3 should consider the appropriation of funds for a military

4 construction project not authorized or included in the an5 nual budget request of the Department of Defense only if—

6 (1) the project is consistent with past actions of

7 the Base Realignment and Closure process;

8 (2) the project is included in the military con9 struction plan of the military department concerned

10 incorporated in the Future Years Defense Program or

11 is authorized;

12 (3) the project is necessary for reasons of the na13 tional security of the United States; and

14 (4) a contract for construction of the project can

15 be awarded in that fiscal year.

16 (b) VIEWS OF THE SECRETARY OF DEFENSE.—In con17 sidering these criteria, the Senate should obtain the views

18 of the Secretary of Defense. These views should include

19 whether funds for a military construction project not in20 cluded in the budget request can be offset by funds for other

21 programs, projects, or activities, including military con22 struction projects, in the budget request and, if so, the spe23 cific offsetting reductions recommended by the Secretary of

24 Defense.
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1 (c) RULE OF CONSTRUCTION.—Nothing in this provi2 sion shall be construed as modifying the provisions of sec3 tion 2802 of title 10, United States Code.

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

5 Appropriations Act, 1995’’.

Passed the House of Representatives May 24, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.

Passed the Senate July 15 (legislative day, July 11),

1994.

Attest: MARTHA A. POPE,

Secretary.

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