103D CONGRESS

1ST SESSION H. R. 2446

AN ACT

Making appropriations for military construction for

poses.ending September 30, 1994, and for other purthe Department of Defense for the fiscal year
103D CONGRESS

1ST SESSION H. R. 2446

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, to re10 main available until September 30, 1998: Provided, That

11 of this amount, not to exceed $109,441,000 shall be avail12 able for study, planning, design, architect and engineer

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

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

17 and the reasons therefor.

18 MILITARY CONSTRUCTION, NAVY

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

22 currently authorized by law, including personnel in the

23 Naval Facilities Engineering Command and other per24 sonal services necessary for the purposes of this appropria25 tion, $575,971,000, to remain available until September
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1 30, 1998: Provided, That of this amount, not to exceed

2 $64,373,000 shall be available for study, planning, design,

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

5 obligations are necessary for such purposes and notifies

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

8 MILITARY CONSTRUCTION, AIR FORCE

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

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

12 as currently authorized by law, $913,297,000, to remain

13 available until September 30, 1998: Provided, That of this

14 amount, not to exceed $63,882,000 shall be available for

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

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

18 purposes and notifies the Committees on Appropriations

19 of both Houses of Congress of his determination and the

20 reasons therefor.

21 MILITARY CONSTRUCTION, DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

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

2 departments), as currently authorized by law,

3 $618,770,000, to remain available until September 30,

4 1998: Provided, That such amounts of this appropriation

5 as may be determined by the Secretary of Defense may

6 be transferred to such appropriations of the Department

7 of Defense available for military construction as he may

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

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

11 That of the amount appropriated, not to exceed

12 $42,405,000 shall be available for study, planning, design,

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

15 obligations are necessary for such purposes and notifies

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

18 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

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

23 United States Code, and military construction authoriza24 tion Acts, $203,980,000, to remain available until Septem25 ber 30, 1998.
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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 $161,761,000, to remain available until September 30,

8 1998.

9 MILITARY CONSTRUCTION, ARMY RESERVE

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

13 133 of title 10, United States Code, and military construc14 tion authorization Acts, $87,825,000, to remain available

15 until September 30, 1998.

16 MILITARY CONSTRUCTION, NAVAL RESERVE

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

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

21 United States Code, and military construction authoriza22 tion Acts, $28,647,000, to remain available until Septem23 ber 30, 1998.
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1 MILITARY CONSTRUCTION, AIR FORCE RESERVE

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

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

6 construction authorization Acts, $66,136,000, to remain

7 available until September 30, 1998.

8 NORTH ATLANTIC TREATY ORGANIZATION

9 INFRASTRUCTURE

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

12 the acquisition and construction of military facilities and

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

16 military construction Acts and section 2806 of title 10,

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

18 until expended.

19 FAMILY HOUSING, ARMY

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

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

25 premiums, as authorized by law, as follows: for Construc-
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1 tion, $218,785,000, to remain available until September

2 30, 1998; for Operation and maintenance, and for debt

3 payment, $1,067,922,000; in all $1,286,707,000.

4 FAMILY HOUSING, NAVY AND MARINE CORPS

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

8 for operation and maintenance, including debt payment,

9 leasing, minor construction, principal and interest

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

11 as follows: for Construction, $367,769,000, to remain

12 available until September 30, 1998; for Operation and

13 maintenance, and for debt payment, $781,952,000; in all

14 $1,149,721,000.

15 FAMILY HOUSING, AIR FORCE

16 For expenses of family housing for the Air Force for

17 construction, including acquisition, replacement, addition,

18 expansion, extension and alteration and for operation and

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

21 premiums, as authorized by law, as follows: for Construc22 tion, $192,197,000, to remain available until September

23 30, 1998; for Operation and maintenance, and for debt

24 payment, $805,847,000; in all $998,044,000.
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1 FAMILY HOUSING, DEFENSE-WIDE

2 For expenses of family housing for the activities and

3 agencies of the Department of Defense (other than the

4 military departments) for construction, including acquisi5 tion, replacement, addition, expansion, extension and al6 teration, and for operation and maintenance, leasing, and

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

8 Construction, $159,000, to remain available for obligation

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

10 $25,711,000; in all $25,870,000.

11 HOMEOWNERS ASSISTANCE FUND, DEFENSE

12 For use in the Homeowners Assistance Fund estab13 lished pursuant to section 1013(d) of the Demonstration

14 Cities and Metropolitan Development Act of 1966, as

15 amended (42 U.S.C. 3374), $151,400,000.

16 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART I

17 For deposit into the Department of Defense Base

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

19 Defense Authorization Amendments and Base Closure and

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

21 remain available for obligation until September 30, 1995:

22 Provided, That none of these funds may be obligated for

23 base realignment and closure activities under Public Law

24 100–526 which would cause the Department’s

25 $1,800,000,000 cost estimate for military construction
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1 and family housing related to the Base Realignment and

2 Closure Program to be exceeded: Provided further, That

3 not less than $19,800,000 of the funds appropriated here4 in shall be available solely for environmental restoration.

5 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II

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), $1,800,500,000, to remain avail10 able until expended: Provided, That such funds are avail11 able solely for the approved 1991 base realignments and

12 closures: Provided further, That not less than

13 $262,300,000 of the funds appropriated herein shall be

14 available solely for environmental restoration.

15 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III

16 For deposit into the Department of Defense Base

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

18 of the Department of Defense Authorization Act, 1991

19 (Public Law 101–510), $1,200,000,000, to remain avail20 able until expended: Provided, That such funds will be

21 available only to the extent an official budget request is

22 transmitted to the Congress: Provided further, That such

23 funds are available solely for the approved 1993 base

24 realignments and closures: Provided further, That not less
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1 than $300,000,000 of the funds appropriated herein shall

2 be available solely for environmental restoration.

3 GENERAL PROVISIONS

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

5 Construction Appropriations Acts shall be expended for

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

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

8 within the United States, except Alaska, without the spe9 cific approval in writing of the Secretary of Defense set10 ting forth the reasons therefor.

11 SEC. 102. Funds appropriated to the Department of

12 Defense for construction shall be available for hire of pas13 senger motor vehicles.

14 SEC. 103. Funds appropriated to the Department of

15 Defense for construction may be used for advances to the

16 Federal Highway Administration, Department of Trans17 portation, for the construction of access roads as author18 ized by section 210 of title 23, United States Code, when

19 projects authorized therein are certified as important to

20 the national defense by the Secretary of Defense.

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

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

23 continental United States for which specific appropria24 tions have not been made.
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1 SEC. 105. No part of the funds provided in Military

2 Construction Appropriations Acts shall be used for pur3 chase of land or land easements in excess of 100 per cen4 tum of the value as determined by the Army Corps of En5 gineers or the Naval Facilities Engineering Command, ex6 cept (a) where there is a determination of value by a Fed7 eral court, or (b) purchases negotiated by the Attorney

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

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

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

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

12 Construction Appropriations Acts shall be used to (1) ac13 quire land, (2) provide for site preparation, or (3) install

14 utilities for any family housing, except housing for which

15 funds have been made available in annual Military Con16 struction Appropriations Acts.

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

18 Construction Appropriations Acts for minor construction

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

20 base or installation to another, without prior notification

21 to the Committees on Appropriations.

22 SEC. 108. No part of the funds appropriated in Mili23 tary Construction Appropriations Acts may be used for

24 the procurement of steel for any construction project or

25 activity for which American steel producers, fabricators,
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1 and manufacturers have been denied the opportunity to

2 compete for such steel procurement.

3 SEC. 109. None of the funds available to the Depart4 ment of Defense for military construction or family hous5 ing during the current fiscal year may be used to pay real

6 property taxes in any foreign nation.

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

8 Construction Appropriations Acts may be used to initiate

9 a new installation overseas without prior notification to

10 the Committees on Appropriations.

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

12 Construction Appropriations Acts may be obligated for ar13 chitect and engineer contracts estimated by the Govern14 ment to exceed $500,000 for projects to be accomplished

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

16 contracts are awarded to United States firms or United

17 States firms in joint venture with host nation firms.

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

19 Construction Appropriations Acts for military construc20 tion in the United States territories and possessions in the

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

22 contract estimated by the Government to exceed

23 $1,000,000 to a foreign contractor: Provided, That this

24 section shall not be applicable to contract awards for

25 which the lowest responsive and responsible bid of a
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1 United States contractor exceeds the lowest responsive

2 and responsible bid of a foreign contractor by greater than

3 20 per centum.

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

5 Committees on Appropriations and the Committees on

6 Armed Services of the plans and scope of any proposed

7 military exercise involving United States personnel thirty

8 days prior to its occurring, if amounts expended for con9 struction, either temporary or permanent, are anticipated

10 to exceed $100,000.

11 (TRANSFER OF FUNDS)

12 SEC. 114. Unexpended balances in the Military Fam13 ily Housing Management Account established pursuant to

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

15 any additional amounts which would otherwise be trans16 ferred to the Military Family Housing Management Ac17 count, shall be transferred to the appropriations for Fam18 ily Housing, as determined by the Secretary of Defense,

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

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

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

22 been transferred.

23 SEC. 115. 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. 116. 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. 117. 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. 118. 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
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1 for such project, plus any amount by which the cost of

2 such project is increased pursuant to law.

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

4 Operation and maintenance of Family Housing, no more

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

6 of family housing units.

7 (TRANSFER OF FUNDS)

8 SEC. 120. During the five-year period after appro9 priations available to the Department of Defense for mili10 tary construction and family housing operation and main11 tenance and construction have expired for obligation, upon

12 a determination that such appropriations will not be nec13 essary for the liquidation of obligations or for making au14 thorized adjustments to such appropriations for obliga15 tions incurred during the period of availability of such ap16 propriations, unobligated balances of such appropriations

17 may be transferred into the appropriation ‘‘Foreign Cur18 rency Fluctuations, Construction, Defense’’ to be merged

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

20 the same purposes as the appropriation to which trans21 ferred.

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

23 Committees on Appropriations of the Senate and the

24 House of Representatives with an annual report by Feb25 ruary 15, containing details of the specific actions pro-
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1 posed to be taken by the Department of Defense during

2 the current fiscal year to encourage other member nations

3 of the North Atlantic Treaty Organization and Japan and

4 Korea to assume a greater share of the common defense

5 burden of such nations and the United States.

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

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

8 than September 30, 1994, without reimbursement or

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

10 of the real property, including improvements thereon,

11 known as the Army Research Laboratory, Woodbridge Re12 search Facility, located in Prince William County, Vir13 ginia, consisting of approximately 100 acres, more or less,

14 as determined under subsection (c).

15 (b) The Architect of the Capitol shall, upon comple16 tion of the survey performed pursuant to subsection (c)

17 and the transfer effected pursuant to subsection (a), uti18 lize the property to be transferred to provide facilities to

19 accommodate the varied long term storage and service

20 needs of the Library of Congress and Legislative Branch.

21 (c) The exact acreage, legal description and appor22 tionment as to the portions of the property to be trans23 ferred under this section shall be determined by a survey

24 satisfactory to the Architect of the Capitol and the Sec25 retary of the Army.
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1 SEC. 123. Proceeds received by the Secretary of the

2 Navy pursuant to section 2840 of the National Defense

3 Authorization Act for Fiscal Years 1992 and 1993 (Public

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

5 the purposes authorized in that section.

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

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

8 fully meeting the certification requirements specified in

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

10 SEC. 125. COMPLIANCE WITH BUY AMERICAN ACT.

11 No funds appropriated pursuant to this Act may be

12 expended by an entity unless the entity agrees that in ex13 pending the assistance the entity will comply with sections

14 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

15 10c, popularly known as the ‘‘Buy American Act’’).

16 SEC. 126. SENSE OF CONGRESS; REQUIREMENT REGARD17 ING NOTICE.

18 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

19 AND PRODUCTS.—In the case of any equipment or prod20 ucts that may be authorized to be purchased with financial

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

22 Congress that entities receiving such assistance should, in

23 expending the assistance, purchase only American-made

24 equipment and products.
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1 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

2 providing financial assistance under this Act, the Sec3 retary of Treasury shall provide to each recipient of the

4 assistance a notice describing the statement made in sub5 section (a) by the Congress.

6 SEC. 127. PROHIBITION OF CONTRACTS.

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

8 agency that any person intentionally affixed a fraudulent

9 label bearing a ‘‘Made in America’’ inscription, or any in10 scription with the same meaning, to any product sold in

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

12 United States, such person shall be ineligible to receive

13 any contract or subcontract made with funds provided

14 pursuant to this Act, pursuant to the debarment, suspen15 sion, and ineligiblity procedures described in section 9.400

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

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

18 Appropriations Act, 1994’’.

Passed the House of Representatives June 23, 1993.

Attest:

Clerk.

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