H. R. 4453

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

Making appropriations for military construction for the Department of Defense

for the fiscal year ending September 30, 1995, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the fiscal year ending September

30, 1995, for military construction functions administered by the

Department of Defense, and for other purposes, namely:

MILITARY CONSTRUCTION, ARMY

For acquisition, construction, installation, and equipment of

temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by

law, including personnel in the Army Corps of Engineers and other

personal services necessary for the purposes of this appropriation,

and for construction and operation of facilities in support of the

functions of the Commander in Chief, $550,476,000, to remain

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

not to exceed $66,126,000 shall be available for study, planning,

design, architect and engineer services, as authorized by law, unless

the Secretary of Defense determines that additional obligations

are necessary for such purposes and notifies the Committees on

Appropriations of both Houses of Congress of his determination

and the reasons therefor.

MILITARY CONSTRUCTION, NAVY

For acquisition, construction, installation, and equipment of

temporary or permanent public works, naval installations, facilities,

and real property for the Navy as currently authorized by law,

including personnel in the Naval Facilities Engineering Command

and other personal services necessary for the purposes of this appropriation, $385,110,000, to remain available until September 30,

1999: Provided, That of this amount, not to exceed $43,380,000

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

services, as authorized by law, unless the Secretary of Defense

determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses

of Congress of his determination and the reasons therefor.
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MILITARY CONSTRUCTION, AIR FORCE

For acquisition, construction, installation, and equipment of

temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized

by law, $516,813,000, to remain available until September 30, 1999:

Provided, That of this amount, not to exceed $49,386,000 shall

be available for study, planning, design, architect and engineer

services, as authorized by law, unless the Secretary of Defense

determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses

of Congress of his determination and the reasons therefor.

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For acquisition, construction, installation, and equipment of

temporary or permanent public works, installations, facilities, and

real property for activities and agencies of the Department of

Defense (other than the military departments), as currently authorized by law, $504,118,000, to remain available until September

30, 1999: Provided, That such amounts of this appropriation as

may be determined by the Secretary of Defense may be transferred

to such appropriations of the Department of Defense available for

military construction or family housing as he may designate, to

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

for the same time period, as the appropriation or fund to which

transferred: Provided further, That of the amount appropriated,

not to exceed $51,960,000 shall be available for study, planning,

design, architect and engineer services, as authorized by law, unless

the Secretary of Defense determines that additional obligations

are necessary for such purposes and notifies the Committees on

Appropriations of both Houses of Congress of his determination

and the reasons therefor.

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

Army National Guard, and contributions therefor, as authorized

by chapter 133 of title 10, United States Code, and military

construction authorization Acts, $188,062,000, to remain available

until September 30, 1999.

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

Air National Guard, and contributions therefor, as authorized by

chapter 133 of title 10, United States Code, and military construction authorization Acts, $249,056,000, to remain available until

September 30, 1999.
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MILITARY CONSTRUCTION, ARMY RESERVE

(TRANSFER OF FUNDS)

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

Army Reserve as authorized by chapter 133 of title 10, United

States Code, and military construction authorization Acts,

$57,370,000, to remain available until September 30, 1999: Provided, That of the funds appropriated for ‘‘Military Construction, Army Reserve, 1992/1996’’, $1,500,000 shall be transferred to ‘‘Military Construction, Army National Guard, 1992/1996’’ for the same

purposes as the appropriation to which transferred.

MILITARY CONSTRUCTION, NAVAL RESERVE

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

reserve components of the Navy and Marine Corps as authorized

by chapter 133 of title 10, United States Code, and military

construction authorization Acts, $22,748,000, to remain available

until September 30, 1999.

MILITARY CONSTRUCTION, AIR FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

Air Force Reserve as authorized by chapter 133 of title 10, United

States Code, and military construction authorization Acts,

$57,066,000, to remain available until September 30, 1999.

NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE

For the United States share of the cost of North Atlantic

Treaty Organization Infrastructure programs for the acquisition

and construction of military facilities and installations (including

international military headquarters) and for related expenses for

the collective defense of the North Atlantic Treaty Area as authorized in military construction Acts and section 2806 of title 10,

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

expended.

FAMILY HOUSING, ARMY

For expenses of family housing for the Army for construction,

including acquisition, replacement, addition, expansion, extension

and alteration and for operation and maintenance, including debt

payment, leasing, minor construction, principal and interest

charges, and insurance premiums, as authorized by law, as follows:

for Construction, $170,002,000, to remain available until September

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

$1,013,708,000; in all $1,183,710,000.

FAMILY HOUSING, NAVY AND MARINE CORPS

For expenses of family housing for the Navy and Marine Corps

for construction, including acquisition, replacement, addition,

expansion, extension and alteration and for operation and maintenance, including debt payment, leasing, minor construction, prin-
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cipal and interest charges, and insurance premiums, as authorized

by law, as follows: for Construction, $267,465,000, to remain available until September 30, 1999; for Operation and maintenance,

and for debt payment, $937,599,000; in all $1,205,064,000.

FAMILY HOUSING, AIR FORCE

For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including

debt payment, leasing, minor construction, principal and interest

charges, and insurance premiums, as authorized by law, as follows:

for Construction, $277,444,000, to remain available until September

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

$824,845,000 of which not more than $14,200,000 may be obligated

for the acquisition of family housing units at Comiso AB, Italy;

in all $1,102,289,000.

FAMILY HOUSING, DEFENSE-WIDE

For expenses of family housing for the activities and agencies

of the Department of Defense (other than the military departments)

for construction, including acquisition, replacement, addition,

expansion, extension and alteration, and for operation and maintenance, leasing, and minor construction, as authorized by law, as

follows: for Construction, $350,000, to remain available for obligation until September 30, 1999; for Operation and maintenance,

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

BASE REALIGNMENT AND CLOSURE ACCOUNT, PART I

For deposit into the Department of Defense Base Closure Account

established by section 207(a)(1) of the Defense Authorization

Amendments and Base Closure and Realignment Act (Public Law

100–526), $87,600,000, to remain available for obligation until

September 30, 1995: Provided, That none of these funds may be

obligated for base realignment and closure activities under Public

Law 100–526 which would cause the Department’s $1,800,000,000

cost estimate for military construction and family housing related

to the Base Realignment and Closure Program to be exceeded:

Provided further, That not less than $66,800,000 of the funds

appropriated herein shall be available solely for environmental

restoration.

BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II

(INCLUDING TRANSFER OF FUNDS)

For deposit into the Department of Defense Base Closure

Account 1990 established by section 2906(a)(1) of the Department

of Defense Authorization Act, 1991 (Public Law 101–510),

$265,700,000, to remain available until expended: Provided, That

not less than $138,700,000 of the funds appropriated herein shall

be available solely for environmental restoration: Provided further,

That, in addition, not to exceed $133,000,000 may be transferred

from ‘‘Homeowners Assistance Fund, Defense’’ to ‘‘Base Realignment

and Closure Account, Part II’’, to be merged with, and to be available

for the same purposes and the same time period as that account.
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BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III

For deposit into the Department of Defense Base Closure

Account 1990 established by section 2906(a)(1) of the Department

of Defense Authorization Act, 1991 (Public Law 101–510),

$2,322,858,000, to remain available until expended: Provided, That

not less than $302,700,000 of the funds appropriated herein shall

be available solely for environmental restoration.

GENERAL PROVISIONS

SEC. 101. None of the funds appropriated in Military Construction Appropriations Acts shall be expended for payments under

a cost-plus-a-fixed-fee contract for work, where cost estimates exceed

$25,000, to be performed within the United States, except Alaska,

without the specific approval in writing of the Secretary of Defense

setting forth the reasons therefor.

SEC. 102. Funds appropriated to the Department of Defense

for construction shall be available for hire of passenger motor

vehicles.

SEC. 103. Funds appropriated to the Department of Defense

for construction may be used for advances to the Federal Highway

Administration, Department of Transportation, for the construction

of access roads as authorized by section 210 of title 23, United

States Code, when projects authorized therein are certified as

important to the national defense by the Secretary of Defense.

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

be used to begin construction of new bases inside the continental

United States for which specific appropriations have not been made.

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

Appropriations Acts shall be used for purchase of land or land

easements in excess of 100 per centum of the value as determined

by the Army Corps of Engineers or the Naval Facilities Engineering

Command, except (a) where there is a determination of value by

a Federal court, or (b) purchases negotiated by the Attorney General

or his designee, or (c) where the estimated value is less than

$25,000, or (d) as otherwise determined by the Secretary of Defense

to be in the public interest.

SEC. 106. None of the funds appropriated in Military Construction Appropriations Acts shall be used to (1) acquire land, (2)

provide for site preparation, or (3) install utilities for any family

housing, except housing for which funds have been made available

in annual Military Construction Appropriations Acts.

SEC. 107. None of the funds appropriated in Military Construction Appropriations Acts for minor construction may be used to

transfer or relocate any activity from one base or installation to

another, without prior notification to the Committees on Appropriations.

SEC. 108. No part of the funds appropriated in Military

Construction Appropriations Acts may be used for the procurement

of steel for any construction project or activity for which American

steel producers, fabricators, and manufacturers have been denied

the opportunity to compete for such steel procurement.

SEC. 109. None of the funds available to the Department of

Defense for military construction or family housing during the

current fiscal year may be used to pay real property taxes in

any foreign nation.
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SEC. 110. None of the funds appropriated in Military Construc- tion Appropriations Acts may be used to initiate a new installation overseas without prior notification to the Committees on

Appropriations.

SEC. 111. None of the funds appropriated in Military Construction Appropriations Acts may be obligated for architect and engineer

contracts estimated by the Government to exceed $500,000 for

projects to be accomplished in Japan or in any NATO member

country, unless such contracts are awarded to United States firms

or United States firms in joint venture with host nation firms.

SEC. 112. None of the funds appropriated in Military Construction Appropriations Acts for military construction in the United

States territories and possessions in the Pacific and on Kwajalein

Atoll may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided, That

this section shall not be applicable to contract awards for which

the lowest responsive and responsible bid of a United States contractor exceeds the lowest responsive and responsible bid of a foreign

contractor by greater than 20 per centum.

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

on Appropriations and the Committees on Armed Services of the

plans and scope of any proposed military exercise involving United

States personnel thirty days prior to its occurring, if amounts

expended for construction, either temporary or permanent, are

anticipated to exceed $100,000.

(TRANSFER OF FUNDS)

SEC. 114. Unexpended balances in the Military Family Housing

Management Account established pursuant to section 2831 of title

10, United States Code, as well as any additional amounts which

would otherwise be transferred to the Military Family Housing

Management Account, shall be transferred to the appropriations

for Family Housing, as determined by the Secretary of Defense,

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

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

period, as the appropriation to which they have been transferred.

SEC. 115. Not more than 20 per centum of the appropriations

in Military Construction Appropriations Acts which are limited

for obligation during the current fiscal year shall be obligated

during the last two months of the fiscal year.

(TRANSFER OF FUNDS)

SEC. 116. Funds appropriated to the Department of Defense

for construction in prior years shall be available for construction

authorized for each such military department by the authorizations

enacted into law during the current session of Congress.

SEC. 117. For military construction or family housing projects

that are being completed with funds otherwise expired or lapsed

for obligation, expired or lapsed funds may be used to pay the

cost of associated supervision, inspection, overhead, engineering

and design on those projects and on subsequent claims, if any.

SEC. 118. Notwithstanding any other provision of law, any

funds appropriated to a military department or defense agency

for the construction of military projects may be obligated for a

military construction project or contract, or for any portion of such

a project or contract, at any time before the end of the fourth
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fiscal year after the fiscal year for which funds for such project

were appropriated if the funds obligated for such project (1) are

obligated from funds available for military construction projects,

and (2) do not exceed the amount appropriated for such project,

plus any amount by which the cost of such project is increased

pursuant to law.

(TRANSFER OF FUNDS)

SEC. 119. During the five-year period after appropriations available to the Department of Defense for military construction and

family housing operation and maintenance and construction have

expired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations or

for making authorized adjustments to such appropriations for

obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation ‘‘Foreign Currency Fluctuations,

Construction, Defense’’ to be merged with and to be available for

the same time period and for the same purposes as the appropriation to which transferred.

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

on Appropriations of the Senate and the House of Representatives

with an annual report by February 15, containing details of the

specific actions proposed to be taken by the Department of Defense

during the current fiscal year to encourage other member nations

of the North Atlantic Treaty Organization and Japan and Korea

to assume a greater share of the common defense burden of such

nations and the United States.

(TRANSFER OF FUNDS)

SEC. 121. During the current fiscal year, in addition to any

other transfer authority available to the Department of Defense,

proceeds deposited to the Department of Defense Base Closure

Account established by section 207(a)(1) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public

Law 100–526) pursuant to section 207(a)(2)(C) of such Act, may

be transferred to the account established by section 2906(a)(1) of

the Department of Defense Authorization Act, 1991, to be merged

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

time period as that account.

SEC. 122. The second paragraph under the heading, ‘‘Family

Housing, Navy and Marine Corps’’ in title XI of Public Law 102–

368, is amended by inserting ‘‘and the August 8, 1993 earthquake

in Guam’’ immediately after ‘‘Typhoon Omar’’.

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

Department of Defense for military construction and family housing

accounts during fiscal year 1995, $10,421,000 are permanently canceled.

(b) The Secretary of Defense shall allocate the amount of budgetary resources canceled among the Department’s military construction and family housing accounts available for procurement and

procurement-related expenses. Amounts available for procurement

and procurement-related expenses in each such account shall be

reduced by the amount allocated to such account.

(c) For the purposes of this section, the definition of ‘‘procurement’’ includes all stages of the process of acquiring property or
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services, beginning with the process of determining a need for

a product or services and ending with contract completion and

closeout, as specified in 41 U.S.C. 403(2).

SEC. 124. COMPLIANCE WITH BUY AMERICAN ACT.

No funds appropriated pursuant to this Act may be expended

by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act

of March 3, 1933 (41 U.S.C. 10a–10c, popularly known as the

‘‘Buy American Act’’).

SEC. 125. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or products that may be

authorized to be purchased with financial assistance provided under

this Act, it is the sense of the Congress that entities receiving

such assistance should, in expending the assistance, purchase only

American-made equipment and products.

(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance under this Act, the Secretary of the Treasury shall

provide to each recipient of the assistance a notice describing the

statement made in subsection (a) by the Congress.

SEC. 126. PROHIBITION OF CONTRACTS.

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

that any person intentionally affixed a fraudulent label bearing

a ‘‘Made in America’’ inscription, or any inscription with the same

meaning, to any product sold in or shipped to the United States

that was not made in the United States, such person shall be

ineligible to receive any contract or subcontract made with funds

provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures described in section 9.400 through

9.409 of title 48, Code of Federal Regulations.

SEC. 127. LAND CONVEYANCE, NAVAL RESERVE CENTER, SEATTLE,

WASHINGTON.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may convey to the City of Seattle, Washington (in this section referred

to as the ‘‘City’’), all right, title, and interest of the United States

in and to a parcel of real property, together with improvements

thereon, consisting of approximately 5.09 acres, the location of

the Naval Reserve Center, Seattle, Washington. (b) CONSIDERATION.—(1) As consideration for the conveyance under subsection (a), the City shall pay to the United States an

amount equal to the fair market value (as determined by the

Secretary) of the portion of the real property to be conveyed under

subsection (a) that is described in paragraph (2).

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

property referred to in subsection (a) that consists of approximately

3.67 acres and was acquired by the United States from a party

other than the City.

(c) CONDITION.—The conveyance authorized by subsection (a)

shall be subject to the condition that the City accept the real

property in its condition at the time of conveyance.

(d) REQUIREMENTS RELATING TO CONVEYANCE.—(1) The Secretary may not make the conveyance authorized by subsection

(a) until the commencement of the use by the Navy of a Naval
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Reserve Center that is a suitable replacement for the Naval Reserve

Center located on the property to be conveyed.

(2) The Secretary may not commence construction of a facility

to be the replacement facility under paragraph (1) for the Naval

Reserve Center until the Secretary completes an environmental

impact statement with respect to the construction and operation

of the facility to be the replacement facility.

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

conveyance under this section the City ceases utilizing the real

property conveyed under subsection (a) for public purposes, and

uses such real property instead for commercial purposes, the City

shall pay to the United States an amount equal to the excess,

if any, of—

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

by the Secretary) of the real property referred to in subsection

(b)(2), and any improvements thereon, at the time the City

ceases utilizing the real property for public purposes, over

(2) the amount determined by the Secretary under subsection (b)(1).

(f) USE OF PROCEEDS.—Proceeds from the sale shall be deposited in the Treasury of the United States.

(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the property to be conveyed under this section shall

be determined by a survey satisfactory to the Secretary. The cost

of the survey shall be borne by the City.

(h) ADDITIONAL TERMS AND CONDITIONS.—(1) The Navy may

scope more than one site.

(2) The Secretary may require such additional terms and conditions in connection with the conveyance under this section as the

Secretary considers appropriate to protect the interests of the

United States.

SEC. 128. LAND TRANSFER, WOODBRIDGE RESEARCH FACILITY,

VIRGINIA.

(a) REQUIREMENT OF TRANSFER.—Notwithstanding any other

provision of law, the Secretary of the Army shall transfer, without

reimbursement, to the Department of the Interior, a parcel of real

estate consisting of approximately 580 acres and comprising the

Army Research Laboratory Woodbridge Facility, Virginia, together

with any improvements thereon.

(b) USE OF TRANSFERRED PROPERTY.—The Secretary of the

Interior shall use appropriate parts of this real property for (1)

incorporation into the Mason Neck Wildlife Refuge and (2) work

with the local government and the Woodbridge Reuse Committee

to plan any additional usage of the property, including an environmental education center: Provided, That the Secretary of the

Interior provide appropriate public access to the property.
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This Act may be cited as the ‘‘Military Construction

Approprations Act, 1995’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.