Calendar No. 209

103D CONGRESS

1ST SESSION H. R. 2446

[Report No. 103–148]

AN ACT

Making appropriations for military construction for

poses.ending September 30, 1994, and for other purthe Department of Defense for the fiscal year

JUNE 29 (legislative day, JUNE 22), 1993

Received; read twice and referred to the Committee on

Appropriations

SEPTEMBER 23 (legislative day, SEPTEMBER 7), 1993

Reported with amendments
II

Calendar No. 209

103D CONGRESS

1ST SESSION H. R. 2446

[Report No. 103–148]

IN THE SENATE OF THE UNITED STATES

JUNE 29 (legislative day, JUNE 22), 1993

Received; read twice and referred to the Committee on Appropriations

SEPTEMBER 23 (legislative day, SEPTEMBER 7), 1993

Reported by Mr. SASSER, with amendments

[Omit the part struck through and insert the part printed in italic]

AN ACT

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

30, 1994, 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, 1994, 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, $837,644,000

10 $723,505,000, to remain available until September 30,

11 1998: Provided, That of this amount, not to exceed

12 $109,441,000 $88,000,000 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: Provided further, That of the funds appro19 priated for ‘‘Military Construction, Army’’ under Public

20 Law 102–136, $4,700,000 is hereby rescinded: Provided fur21 ther, That of the funds appropriated for ‘‘Military Con22 struction, Army’’ under Public Law 102–380, $9,200,000

23 is hereby rescinded.
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1 MILITARY CONSTRUCTION, NAVY

2 For acquisition, construction, installation, and equip3 ment of temporary or permanent public works, naval in4 stallations, facilities, and real property for the Navy as

5 currently authorized by law, including personnel in the

6 Naval Facilities Engineering Command and other per7 sonal services necessary for the purposes of this appropria8 tion, $575,971,000 $580,033,000, to remain available until

9 September 30, 1998: Provided, That of this amount, not

10 to exceed $64,373,000 $59,373,000 shall be available for

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

12 as authorized by law, unless the Secretary of Defense de13 termines that additional obligations are necessary for such

14 purposes and notifies the Committees on Appropriations

15 of both Houses of Congress of his determination and the

16 reasons therefor: Provided further, That of the funds appro17 priated for ‘‘Military Construction, Navy’’ under Public

18 Law 101–148, $7,662,000 is hereby rescinded: Provided fur19 ther, That of the funds appropriated for ‘‘Military Con20 struction, Navy’’ under Public Law 102–136, $23,630,000

21 is hereby rescinded: Provided further, That of the funds ap22 propriated for ‘‘Military Construction, Navy’’ under Public

23 Law 102–380, $37,660,000 is hereby rescinded.
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1 MILITARY CONSTRUCTION, AIR FORCE

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

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

5 as currently authorized by law, $913,297,000

6 $969,926,000, to remain available until September 30,

7 1998: Provided, That of this amount, not to exceed

8 $63,882,000 $58,180,000 shall be available for study,

9 planning, design, architect and engineer services, as au10 thorized by law, unless the Secretary of Defense deter11 mines that additional obligations are necessary for such

12 purposes and notifies the Committees on Appropriations

13 of both Houses of Congress of his determination and the

14 reasons therefor: Provided further, That of the funds appro15 priated for ‘‘Military Construction, Air Force’’ under Pub16 lic Law 102–136, $14,480,000 is hereby rescinded: Provided

17 further, That of the funds appropriated for ‘‘Military Con18 struction, Air Force’’ under Public Law 102–380,

19 $2,230,000 is hereby rescinded.

20 MILITARY CONSTRUCTION, DEFENSE-WIDE

21 (INCLUDING TRANSFER OF FUNDS)

22 For acquisition, construction, installation, and equip23 ment of temporary or permanent public works, installa24 tions, facilities, and real property for activities and agen25 cies of the Department of Defense (other than the military
5

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1 departments), as currently authorized by law,

2 $618,770,000 $524,165,000, to remain available until Sep3 tember 30, 1998: Provided, That such amounts of this ap4 propriation as may be determined by the Secretary of De5 fense may be transferred to such appropriations of the De6 partment of Defense available for military construction as

7 he may designate, to be merged with and to be available

8 for the same purposes, and for the same time period, as

9 the appropriation or fund to which transferred: Provided

10 further, That of the amount appropriated, not to exceed

11 $42,405,000 $37,405,000 shall be available for study,

12 planning, design, architect and engineer services, as au13 thorized by law, unless the Secretary of Defense deter14 mines that additional obligations are necessary for such

15 purposes and notifies the Committees on Appropriations

16 of both Houses of Congress of his determination and the

17 reasons therefor: Provided further, That of the funds appro18 priated for ‘‘Military Construction, Defense Agencies’’

19 under Public Law 102–136, $15,500,000 is hereby re20 scinded.

21 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

22 For construction, acquisition, expansion, rehabilita23 tion, and conversion of facilities for the training and ad24 ministration of the Army National Guard, and contribu25 tions therefor, as authorized by chapter 133 of title 10,
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•HR 2446 RS

1 United States Code, and military construction authoriza2 tion Acts, $203,980,000 $291,250,000, to remain available

3 until September 30, 1998.

4 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

5 For construction, acquisition, expansion, rehabilita6 tion, and conversion of facilities for the training and ad7 ministration of the Air National Guard, and contributions

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

9 States Code, and military construction authorization Acts,

10 $161,761,000 $245,723,000, to remain available until Sep11 tember 30, 1998.

12 MILITARY CONSTRUCTION, ARMY RESERVE

13 For construction, acquisition, expansion, rehabilita14 tion, and conversion of facilities for the training and ad15 ministration of the Army Reserve as authorized by chapter

16 133 of title 10, United States Code, and military construc17 tion authorization Acts, $87,825,000 $124,794,000, to re18 main available until September 30, 1998.

19 MILITARY CONSTRUCTION, NAVAL RESERVE

20 For construction, acquisition, expansion, rehabilita21 tion, and conversion of facilities for the training and ad22 ministration of the reserve components of the Navy and

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

24 United States Code, and military construction authoriza-
7

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1 tion Acts, $28,647,000 $25,013,000, to remain available

2 until September 30, 1998.

3 MILITARY CONSTRUCTION, AIR FORCE RESERVE

4 For construction, acquisition, expansion, rehabilita5 tion, and conversion of facilities for the training and ad6 ministration of the Air Force Reserve as authorized by

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

8 construction authorization Acts, $66,136,000 $68,427,000,

9 to remain available until September 30, 1998.

10 NORTH ATLANTIC TREATY ORGANIZATION

11 INFRASTRUCTURE

12 For the United States share of the cost of North At13 lantic Treaty Organization Infrastructure programs for

14 the acquisition and construction of military facilities and

15 installations (including international military head16 quarters) and for related expenses for the collective de17 fense of the North Atlantic Treaty Area as authorized in

18 military construction Acts and section 2806 of title 10,

19 United States Code, $140,000,000, to remain available

20 until expended.

21 OUTSIDE THE UNITED STATES

22 Notwithstanding any other provision of law, for mili23 tary construction and family housing construction outside

24 the United States for the Army, Navy, Air Force, and De25 fense Agencies and for the North Atlantic Treaty Organiza-
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1 tion Infrastructure Programs, as currently authorized by

2 law, $300,000,000, to remain available until expended, Pro3 vided, That such amounts of this appropriation as may be

4 determined by the Secretary of Defense may be transferred

5 to such appropriations of the Department of Defense avail6 able for military construction and family housing and the

7 North Atlantic Treaty Organization Infrastructure account

8 as he may designate, to be merged with and to be available

9 for the same purposes, and for the same period, as the ap10 propriation or fund to which transferred.

11 FAMILY HOUSING, ARMY

12 For expenses of family housing for the Army for con13 struction, including acquisition, replacement, addition, ex14 pansion, extension and alteration and for operation and

15 maintenance, including debt payment, leasing, minor con16 struction, principal and interest charges, and insurance

17 premiums, as authorized by law, as follows: for Construc18 tion, $218,785,000 $228,385,000, to remain available until

19 September 30, 1998; for Operation and maintenance, and

20 for debt payment, $1,067,922,000 $1,125,601,000; in all

21 $1,286,707,000 $1,353,986,000.

22 FAMILY HOUSING, NAVY AND MARINE CORPS

23 For expenses of family housing for the Navy and Ma24 rine Corps for construction, including acquisition, replace25 ment, addition, expansion, extension and alteration and
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1 for operation and maintenance, including debt payment,

2 leasing, minor construction, principal and interest

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

4 as follows: for Construction, $367,769,000 $354,738,000,

5 to remain available until September 30, 1998; for Oper6 ation and maintenance, and for debt payment,

7 $781,952,000 $835,055,000; in all $1,149,721,000

8 $1,189,793,000: Provided, That of the funds appropriated

9 for ‘‘Family Housing, Navy and Marine Corps’’ under Pub10 lic Law 101–148, $25,018,000 is hereby rescinded.

11 FAMILY HOUSING, AIR FORCE

12 For expenses of family housing for the Air Force for

13 construction, including acquisition, replacement, addition,

14 expansion, extension and alteration and for operation and

15 maintenance, including debt payment, leasing, minor con16 struction, principal and interest charges, and insurance

17 premiums, as authorized by law, as follows: for Construc18 tion, $192,197,000 $195,035,000, to remain available until

19 September 30, 1998; for Operation and maintenance, and

20 for debt payment, $805,847,000 $853,912,000; in all

21 $998,044,000 $1,048,947,000: Provided, That of the funds

22 appropriated for ‘‘Family Housing, Air Force’’ under Pub23 lic Law 102–136, $6,400,000 is hereby rescinded: Provided

24 further, That of the funds appropriated for ‘‘Family Hous-
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1 ing, Air Force’’ under Public Law 102–380, $48,702,000

2 is hereby rescinded.

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, $159,000, to remain available for obligation

11 until September 30, 1998; for Operation and maintenance,

12 $25,711,000 $27,337,000; in all $25,870,000 $27,496,000.

13 HOMEOWNERS ASSISTANCE FUND, DEFENSE

14 For use in the Homeowners Assistance Fund estab15 lished pursuant to section 1013(d) of the Demonstration

16 Cities and Metropolitan Development Act of 1966, as

17 amended (42 U.S.C. 3374), $151,400,000, to remain

18 available until expended.

19 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART I

20 For deposit into the Department of Defense Base

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

22 Defense Authorization Amendments and Base Closure and

23 Realignment Act (Public Law 100–526), $27,870,000

24 $12,830,000, to remain available for obligation until Sep25 tember 30, 1995: Provided, That none of these funds may
11

•HR 2446 RS

1 be obligated for base realignment and closure activities

2 under Public Law 100–526 which would cause the Depart3 ment’s $1,800,000,000 cost estimate for military con4 struction and family housing related to the Base Realign5 ment and Closure Program to be exceeded:–Provided fur6 ther, That not less than $19,800,000 of the funds appro7 priated herein shall be available solely for environmental

8 restoration.

9 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II

10 For deposit into the Department of Defense Base

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

12 of the Department of Defense Authorization Act, 1991

13 (Public Law 101–510), $1,800,500,000 $1,526,310,000, to

14 remain available until expended: Provided, That such

15 funds are available solely for the approved 1991 base

16 realignments and closures: Provided further, That not less

17 than $262,300,000 of the funds appropriated herein shall

18 be available solely for environmental restoration.

19 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III

20 For deposit into the Department of Defense Base

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

22 of the Department of Defense Authorization Act, 1991

23 (Public Law 101–510), $1,200,000,000, to remain avail24 able until expended: Provided, That such funds will be

25 available only to the extent an official budget request is
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1 transmitted to the Congress: Provided further, That such

2 funds are available solely for the approved 1993 base

3 realignments and closures: Provided further, That not less

4 than $300,000,000 of the funds appropriated herein shall

5 be available solely for environmental restoration.

6 GENERAL PROVISIONS

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

8 Construction Appropriations Acts shall be expended for

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

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

11 within the United States, except Alaska, without the spe12 cific approval in writing of the Secretary of Defense set13 ting forth the reasons therefor.

14 SEC. 102. Funds appropriated to the Department of

15 Defense for construction shall be available for hire of pas16 senger motor vehicles.

17 SEC. 103. Funds appropriated to the Department of

18 Defense for construction may be used for advances to the

19 Federal Highway Administration, Department of Trans20 portation, for the construction of access roads as author21 ized by section 210 of title 23, United States Code, when

22 projects authorized therein are certified as important to

23 the national defense by the Secretary of Defense.

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

25 may be used to begin construction of new bases inside the
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1 continental United States for which specific appropria2 tions have not been made.

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

4 Construction Appropriations Acts shall be used for pur5 chase of land or land easements in excess of 100 per cen6 tum of the value as determined by the Army Corps of En7 gineers or the Naval Facilities Engineering Command, ex8 cept (a) where there is a determination of value by a Fed9 eral court, or (b) purchases negotiated by the Attorney

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

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

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

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

14 Construction Appropriations Acts shall be used to (1) ac15 quire land, (2) provide for site preparation, or (3) install

16 utilities for any family housing, except housing for which

17 funds have been made available in annual Military Con18 struction Appropriations Acts.

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

20 Construction Appropriations Acts for minor construction

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

22 base or installation to another, without prior notification

23 to the Committees on Appropriations.

24 SEC. 108. No part of the funds appropriated in Mili25 tary Construction Appropriations Acts may be used for
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1 the procurement of steel for any construction project or

2 activity for which American steel producers, fabricators,

3 and manufacturers have been denied the opportunity to

4 compete for such steel procurement.

5 SEC. 109. None of the funds available to the Depart6 ment of Defense for military construction or family hous7 ing during the current fiscal year may be used to pay real

8 property taxes in any foreign nation.

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

10 Construction Appropriations Acts may be used to initiate

11 a new installation overseas without prior notification to

12 the Committees on Appropriations.

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

14 Construction Appropriations Acts may be obligated for ar15 chitect and engineer contracts estimated by the Govern16 ment to exceed $500,000 for projects to be accomplished

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

18 contracts are awarded to United States firms or United

19 States firms in joint venture with host nation firms.

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

21 Construction Appropriations Acts for military construc22 tion in the United States territories and possessions in the

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

24 contract estimated by the Government to exceed

25 $1,000,000 to a foreign contractor: Provided, That this
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1 section shall not be applicable to contract awards for

2 which the lowest responsive and responsible bid of a

3 United States contractor exceeds the lowest responsive

4 and responsible bid of a foreign contractor by greater than

5 20 per centum.

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

7 Committees on Appropriations and the Committees on

8 Armed Services of the plans and scope of any proposed

9 military exercise involving United States personnel thirty

10 days prior to its occurring, if amounts expended for con11 struction, either temporary or permanent, are anticipated

12 to exceed $100,000.

13 (TRANSFER OF FUNDS)

14 SEC. 114. Unexpended balances in the Military Fam15 ily Housing Management Account established pursuant to

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

17 any additional amounts which would otherwise be trans18 ferred to the Military Family Housing Management Ac19 count, shall be transferred to the appropriations for Fam20 ily Housing, as determined by the Secretary of Defense,

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

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

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

24 been transferred.
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1 SEC. 115. Not more than 20 per centum of the appro2 priations in Military Construction Appropriations Acts

3 which are limited for obligation during the current fiscal

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

5 fiscal year.

6 (TRANSFER OF FUNDS)

7 SEC. 116. Funds appropriated to the Department of

8 Defense for construction in prior years shall be available

9 for construction authorized for each such military depart10 ment by the authorizations enacted into law during the

11 current session of Congress.

12 SEC. 117. For military construction or family housing

13 projects that are being completed with funds otherwise ex14 pired or lapsed for obligation, expired or lapsed funds may

15 be used to pay the cost of associated supervision, inspec16 tion, overhead, engineering and design on those projects

17 and on subsequent claims, if any.

18 SEC. 118. Notwithstanding any other provision of

19 law, any funds appropriated to a military department or

20 defense agency for the construction of military projects

21 may be obligated for a military construction project or

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

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

24 the fiscal year for which funds for such project were ap25 propriated if the funds obligated for such project (1) are
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1 obligated from funds available for military construction

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

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

4 such project is increased pursuant to law.

5 SEC. 119. Of the funds appropriated in this Act for

6 Operation and maintenance of Family Housing, no more

7 than $13,000,000 may be obligated for contract cleaning

8 of family housing units.

9 (TRANSFER OF FUNDS)

10 SEC. 120. During the five-year period after appro11 priations available to the Department of Defense for mili12 tary construction and family housing operation and main13 tenance and construction have expired for obligation, upon

14 a determination that such appropriations will not be nec15 essary for the liquidation of obligations or for making au16 thorized adjustments to such appropriations for obliga17 tions incurred during the period of availability of such ap18 propriations, unobligated balances of such appropriations

19 may be transferred into the appropriation ‘‘Foreign Cur20 rency Fluctuations, Construction, Defense’’ to be merged

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

22 the same purposes as the appropriation to which trans23 ferred.

24 SEC. 121. The Secretary of Defense is to provide the

25 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 SEC. 122. (a) Notwithstanding any other provision

9 of law, the Secretary of the Army shall transfer, no later

10 than September 30, 1994, without reimbursement or

11 transfer of funds, to the Architect of the Capitol, a portion

12 of the real property, including improvements thereon,

13 known as the Army Research Laboratory, Woodbridge Re14 search Facility, located in Prince William County, Vir15 ginia, consisting of approximately 100 acres, more or less,

16 as determined under subsection (c).

17 (b) The Architect of the Capitol shall, upon comple18 tion of the survey performed pursuant to subsection (c)

19 and the transfer effected pursuant to subsection (a), uti20 lize the property to be transferred to provide facilities to

21 accommodate the varied long term storage and service

22 needs of the Library of Congress and Legislative Branch.

23 (c) The exact acreage, legal description and appor24 tionment as to the portions of the property to be trans25 ferred under this section shall be determined by a survey
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1 satisfactory to the Architect of the Capitol and the Sec2 retary of the Army.

3 SEC. 122. Notwithstanding any other provision of this

4 Act, each amount appropriated by this Act is hereby re5 duced by four percent.

6 SEC. 123. Proceeds received by the Secretary of the

7 Navy pursuant to section 2840 of the National Defense

8 Authorization Act for Fiscal Years 1992 and 1993 (Public

9 Law 102–190) are appropriated and shall be available for

10 the purposes authorized in that section.

11 SEC. 124. Defense access roads for Camp Dodge,

12 Iowa, (86th Street improvements) shall be considered as

13 fully meeting the certification requirements specified in

14 section 210 of title 23 of the United States Code.

15 SEC. 125. COMPLIANCE WITH BUY AMERICAN ACT.

16 No funds appropriated pursuant to this Act may be

17 expended by an entity unless the entity agrees that in ex18 pending the assistance the entity will comply with sections

19 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

20 10c, popularly known as the ‘‘Buy American Act’’).

21 SEC. 126. SENSE OF CONGRESS; REQUIREMENT REGARD22 ING NOTICE.

23 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

24 AND PRODUCTS.—In the case of any equipment or prod25 ucts that may be authorized to be purchased with financial
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1 assistance provided under this Act, it is the sense of the

2 Congress that entities receiving such assistance should, in

3 expending the assistance, purchase only American-made

4 equipment and products.

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

6 providing financial assistance under this Act, the Sec7 retary of the Treasury shall provide to each recipient of

8 the assistance a notice describing the statement made in

9 subsection (a) by the Congress.

10 SEC. 127. PROHIBITION OF CONTRACTS.

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

12 agency that any person intentionally affixed a fraudulent

13 label bearing a ‘‘Made in America’’ inscription, or any in14 scription with the same meaning, to any product sold in

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

16 United States, such person shall be ineligible to receive

17 any contract or subcontract made with funds provided

18 pursuant to this Act, pursuant to the debarment, suspen19 sion, and ineligiblity procedures described in section 9.400

20 through 9.409 of title 48, Code of Federal Regulations.

21 SEC. 128. Of the funds appropriated in this Act for

22 ‘‘Military Construction, Army,’’ $4,400,000 shall be obli23 gated for a DIAL Central Office Facility at Fitzsimmons

24 Medical Center, Colorado.
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1 SEC. 129. Of the funds appropriated in this Act for

2 ‘‘Military Construction, Air National Guard,’’ $2,800,000

3 shall be obligated for an ACMI support facility at the Gulf4 port-Biloxi Regional Airport, Mississippi.

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

6 Appropriations Act, 1994’’.

Passed the House of Representatives June 23, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.