II

Calendar No. 410

105TH CONGRESS

2D SESSION S. 2160

[Report No. 105–213]

Making appropriations for military construction, family housing, and base

realignment and closure for the Department of Defense for the fiscal

year ending September 30, 1999, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 11, 1998

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

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

A BILL

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

30, 1999, and for other purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for

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

2 1999, and for other purposes, namely:

3 MILITARY CONSTRUCTION, ARMY

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

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

7 currently authorized by law, including personnel in the

8 Army Corps of Engineers and other personal services nec9 essary for the purposes of this appropriation, and for con10 struction and operation of facilities in support of the func11 tions of the Commander in Chief, $810,476,000, to re12 main available until September 30, 2003: Provided, That

13 of this amount, not to exceed $67,269,000 shall be avail14 able for study, planning, design, architect and engineer

15 services, and host nation support, as authorized by law,

16 unless the Secretary of Defense determines that additional

17 obligations are necessary for such purposes and notifies

18 the Committees on Appropriations of both Houses of Con19 gress of his determination and the reasons therefor.

20 MILITARY CONSTRUCTION, NAVY

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

24 currently authorized by law, including personnel in the

25 Naval Facilities Engineering Command and other per-
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1 sonal services necessary for the purposes of this appropria2 tion, $559,250,000, to remain available until September

3 30, 2003: Provided, That of this amount, not to exceed

4 $62,146,000 shall be available for study, planning, design,

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

7 obligations are necessary for such purposes and notifies

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

10 MILITARY CONSTRUCTION, AIR FORCE

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

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

14 as currently authorized by law, $627,874,000, to remain

15 available until September 30, 2003: Provided, That of this

16 amount, not to exceed $39,522,000 shall be available for

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

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

20 purposes and notifies the Committees on Appropriations

21 of both Houses of Congress of his determination and the

22 reasons therefor.
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1 MILITARY CONSTRUCTION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

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

7 departments), as currently authorized by law,

8 $571,485,000, to remain available until September 30,

9 2003: Provided, That such amounts of this appropriation

10 as may be determined by the Secretary of Defense may

11 be transferred to such appropriations of the Department

12 of Defense available for military construction or family

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

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

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

16 Provided further, That of the amount appropriated, not

17 to exceed $25,066,000 shall be available for study, plan18 ning, design, architect and engineer services, as authorized

19 by law, unless the Secretary of Defense determines that

20 additional obligations are necessary for such purposes and

21 notifies the Committees on Appropriations of both Houses

22 of Congress of his determination and the reasons therefor.

23 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

24 For construction, acquisition, expansion, rehabilita25 tion, and conversion of facilities for the training and ad-
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1 ministration of the Army National Guard, and contribu2 tions therefor, as authorized by chapter 133 of title 10,

3 United States Code, and Military Construction Authoriza4 tion Acts, $124,599,000, to remain available until Septem5 ber 30, 2003.

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

12 Acts, $163,161,000, to remain available until September

13 30, 2003.

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 Con19 struction Authorization Acts, $114,349,000, to remain

20 available until September 30, 2003.

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, $21,621,000, to remain available until Septem3 ber 30, 2003.

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 Military

9 Construction Authorization Acts, $22,835,000, to remain

10 available until September 30, 2003.

11 NORTH ATLANTIC TREATY ORGANIZATION

12 SECURITY INVESTMENT PROGRAM

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

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

17 headquarters) and for related expenses for the collective

18 defense of the North Atlantic Treaty Area as authorized

19 in Military Construction Authorization Acts and section

20 2806 of title 10, United States Code, $152,600,000, to

21 remain available until expended.

22 FAMILY HOUSING, ARMY

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

3 premiums, as authorized by law, as follows: for Construc4 tion, $124,490,000, to remain available until September

5 30, 2003; for Operation and Maintenance, and for debt

6 payment, $1,104,733,000; in all $1,229,223,000.

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, $286,590,000, to remain

15 available until September 30, 2003; for Operation and

16 Maintenance, and for debt payment, $915,293,000; in all

17 $1,201,883,000.

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, $297,475,000, to remain available until September
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1 30, 2003; for Operation and Maintenance, and for debt

2 payment, $789,995,000; in all $1,087,470,000.

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, $345,000, to remain available until Septem11 ber 30, 2003; for Operation and Maintenance,

12 $36,899,000; in all $37,244,000.

13 DEPARTMENT OF DEFENSE FAMILY HOUSING

14 IMPROVEMENT FUND

15 For the Department of Defense Family Housing Im16 provement Fund, $7,000,000, to remain available until ex17 pended, for planning, administrative, and oversight costs

18 incurred by the Housing Revitalization Support Office re19 lating to military family housing initiatives and military

20 unaccompanied housing initiatives pursuant to 10 U.S.C.

21 2883, pertaining to alternative means of acquiring and im22 proving military family housing, military unaccompanied

23 housing, and supporting facilities.
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1 HOMEOWNERS ASSISTANCE FUND, DEFENSE

2 For activities authorized by section 1013(d) of the

3 Demonstration Cities and Metropolitan Development Act

4 of 1966, as amended (42 U.S.C. 3374), $12,800,000, to

5 remain available until expended.

6 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III

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), $433,464,000, to remain available

11 until expended: Provided, That not more than

12 $271,800,000 of the funds appropriated herein shall be

13 available solely for environmental restoration, unless the

14 Secretary of Defense determines that additional obliga15 tions are necessary for such purposes and notifies the

16 Committees on Appropriations of both Houses of Congress

17 of his determination and the reasons therefor.

18 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART IV

19 For deposit into the Department of Defense Base

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

21 of the Department of Defense Authorization Act, 1991

22 (Public Law 101–510), $1,297,240,000, to remain avail23 able until expended: Provided, That not more than

24 $426,036,000 of the funds appropriated herein shall be

25 available solely for environmental restoration, unless the
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1 Secretary of Defense determines that additional obliga2 tions are necessary for such purposes and notifies the

3 Committees on Appropriations of both Houses of Congress

4 of his determination and the reasons therefor.

5 GENERAL PROVISIONS

6 SECTION 101. None of the funds appropriated in

7 Military Construction Appropriations Acts shall be ex8 pended for payments under a cost-plus-a-fixed-fee contract

9 for work, where cost estimates exceed $25,000, to be per10 formed within the United States, except Alaska, without

11 the specific approval in writing of the Secretary of Defense

12 setting forth the reasons therefor: Provided, That the fore13 going shall not apply in the case of contracts for environ14 mental restoration at an installation that is being closed

15 or realigned where payments are made from a Base Re16 alignment and Closure Account.

17 SEC. 102. Funds appropriated to the Department of

18 Defense for construction shall be available for hire of pas19 senger motor vehicles.

20 SEC. 103. Funds appropriated to the Department of

21 Defense for construction may be used for advances to the

22 Federal Highway Administration, Department of Trans23 portation, for the construction of access roads as author24 ized by section 210 of title 23, United States Code, when
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1 projects authorized therein are certified as important to

2 the national defense by the Secretary of Defense.

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

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

5 continental United States for which specific appropria6 tions have not been made.

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

8 Construction Appropriations Acts shall be used for pur9 chase of land or land easements in excess of 100 per cen10 tum of the value as determined by the Army Corps of En11 gineers or the Naval Facilities Engineering Command, ex12 cept: (1) where there is a determination of value by a Fed13 eral court; or (2) purchases negotiated by the Attorney

14 General or his designee; or (3) where the estimated value

15 is less than $25,000; or (4) as otherwise determined by

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

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

18 Construction Appropriations Acts shall be used to: (1) ac19 quire land; (2) provide for site preparation; or (3) install

20 utilities for any family housing, except housing for which

21 funds have been made available in annual Military Con22 struction Appropriations Acts.

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

24 Construction Appropriations Acts for minor construction

25 may be used to transfer or relocate any activity from one
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1 base or installation to another, without prior notification

2 to the Committees on Appropriations.

3 SEC. 108. No part of the funds appropriated in Mili4 tary Construction Appropriations Acts may be used for

5 the procurement of steel for any construction project or

6 activity for which American steel producers, fabricators,

7 and manufacturers have been denied the opportunity to

8 compete for such steel procurement.

9 SEC. 109. None of the funds available to the Depart10 ment of Defense for military construction or family hous11 ing during the current fiscal year may be used to pay real

12 property taxes in any foreign nation.

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

14 Construction Appropriations Acts may be used to initiate

15 a new installation overseas without prior notification to

16 the Committees on Appropriations.

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

18 Construction Appropriations Acts may be obligated for ar19 chitect and engineer contracts estimated by the Govern20 ment to exceed $500,000 for projects to be accomplished

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

22 bordering the Arabian Gulf, unless such contracts are

23 awarded to United States firms or United States firms

24 in joint venture with host nation firms.
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1 SEC. 112. None of the funds appropriated in Military

2 Construction Appropriations Acts for military construc3 tion in the United States territories and possessions in the

4 Pacific and on Kwajalein Atoll, or in countries bordering

5 the Arabian Gulf, may be used to award any contract esti6 mated by the Government to exceed $1,000,000 to a for7 eign contractor: Provided, That this section shall not be

8 applicable to contract awards for which the lowest respon9 sive and responsible bid of a United States contractor ex10 ceeds the lowest responsive and responsible bid of a for11 eign contractor by greater than 20 per centum: Provided

12 further, That this section shall not apply to contract

13 awards for military construction on Kwajalein Atoll for

14 which the lowest responsive and responsible bid is submit15 ted by a Marshallese contractor.

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

17 appropriate committees of Congress, including the Com18 mittees on Appropriations, of the plans and scope of any

19 proposed military exercise involving United States person20 nel thirty days prior to its occurring, if amounts expended

21 for construction, either temporary or permanent, are an22 ticipated to exceed $100,000.

23 SEC. 114. 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. 115. 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. 116. 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. 117. 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. 118. 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

10 appropriations, unobligated balances of such appropria11 tions may be transferred into the appropriation ‘‘Foreign

12 Currency Fluctuations, Construction, Defense’’ to be

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

14 and for the same purposes as the appropriation to which

15 transferred.

16 SEC. 119. 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, Japan, Korea,

23 and United States allies bordering the Arabian Gulf to as24 sume a greater share of the common defense burden of

25 such nations and the United States.
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1 (TRANSFER OF FUNDS)

2 SEC. 120. 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 (TRANSFER OF FUNDS)

14 SEC. 121. Subject to thirty days prior notification to

15 the Committees on Appropriations, such additional

16 amounts as may be determined by the Secretary of De17 fense may be transferred to the Department of Defense

18 Family Housing Improvement Fund from amounts appro19 priated for construction in ‘‘Family Housing’’ accounts,

20 to be merged with and to be available for the same pur21 poses and for the same period of time as amounts appro22 priated directly to the Fund: Provided, That appropria23 tions made available to the Fund shall be available to

24 cover the costs, as defined in section 502(5) of the Con25 gressional Budget Act of 1974, of direct loans or loan

26 guarantees issued by the Department of Defense pursuant
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1 to the provisions of subchapter IV of chapter 169, title

2 10, United States Code, pertaining to alternative means

3 of acquiring and improving military family housing and

4 supporting facilities.

5 SEC. 122. Notwithstanding any other provision of

6 law, appropriations made available to the Department of

7 Defense Family Housing Improvement Fund shall be the

8 sole source of funds available for planning, administrative,

9 and oversight costs incurred by the Housing Revitalization

10 Support Office relating to military family housing initia11 tives and military unaccompanied housing initiatives un12 dertaken pursuant to the provisions of subchapter IV of

13 chapter 169, title 10, United States Code, pertaining to

14 alternative means of acquiring and improving military

15 family housing, military unaccompanied housing, and sup16 porting facilities.

17 SEC. 123. None of the funds appropriated or made

18 available by this Act may be obligated for Partnership for

19 Peace Programs or to provide support for non-NATO

20 countries.

21 SEC. 124. (a) Not later than 60 days before issuing

22 any solicitation for a contract with the private sector for

23 military family housing or military unaccompanied hous24 ing, the Secretary of the military department concerned
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1 shall submit to the congressional defense committees the

2 notice described in subsection (b).

3 (b)(1) A notice referred to in subsection (a) is a no4 tice of any guarantee (including the making of mortgage

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

6 to the private party under the contract involved in the

7 event of—

8 (A) the closure or realignment of the installa9 tion for which housing is provided under the con10 tract;

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

12 such installation; or

13 (C) the extended deployment overseas of units

14 stationed at such installation.

15 (2) Each notice under this subsection shall specify

16 the nature of the guarantee involved and assess the extent

17 and likelihood, if any, of the liability of the Federal Gov18 ernment with respect to the guarantee.

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

20 committees’’ means the following:

21 (1) The Committee on Armed Services and the

22 Military Construction Subcommittee, Committee on

23 Appropriations of the Senate.
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1 (2) The Committee on National Security and

2 the Military Construction Subcommittee, Committee

3 on Appropriations of the House of Representatives.

4 (TRANSFER OF FUNDS)

5 SEC. 125. During the current fiscal year, in addition

6 to any other transfer authority available to the Depart7 ment of Defense, amounts may be transferred from the

8 account established by section 2906(a)(1) of the Depart9 ment of Defense Authorization Act, 1991, to the fund es10 tablished by section 1013(d) of the Demonstration Cities

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

12 3374) to pay for expenses associated with the Home13 owners Assistance Program. Any amounts transferred

14 shall be merged with and be available for the same pur15 poses and for the same time period as the fund to which

16 transferred.

17 SEC. 126. Payments received by the Secretary of the

18 Navy pursuant to subsection (b)(1) of section 2842 of the

19 National Defense Authorization Act, 1993 (Public Law

20 102–484) are appropriated and shall be available for the

21 purpose authorized in subsection (d) of that section.

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

23 Appropriations Act, 1999’’.
Calendar No. 410

105TH CONGRESS

2D SESSION S. 2160

[Report No. 105–213]

A BILL

Making appropriations for military construction,

poses.ending September 30, 1999, and for other purfor the Department of Defense for the fiscal yearfamily housing, and base realignment and closure

JUNE 11, 1998

Read twice and placed on the calendar