IB

103D CONGRESS

1ST SESSION H. R. 2446

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 30 (legislative day, SEPTEMBER 27), 1993

Ordered to be printed with the amendments of the Senate numbered

AN ACT

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

30, 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:

8 MILITARY CONSTRUCTION, ARMY

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

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

12 currently authorized by law, including personnel in the
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1 Army Corps of Engineers and other personal services nec2 essary for the purposes of this appropriation, and for con3 struction and operation of facilities in support of the func4 tions of the Commander in Chief, Ω1æ$837,644,000

5 $723,505,000, to remain available until September 30,

6 1998: Provided, That of this amount, not to exceed

7 Ω2æ$109,441,000 $88,000,000 shall be available for study,

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

11 purposes and notifies the Committees on Appropriations

12 of both Houses of Congress of his determination and the

13 reasons thereforΩ3æ: Provided further, That of the funds

14 appropriated for ‘‘Military Construction, Army’’ under

15 Public Law 102–136, $4,700,000 is hereby rescinded: Pro16 vided further, That of the funds appropriated for ‘‘Military

17 Construction, Army’’ under Public Law 102–380,

18 $9,200,000 is hereby rescinded.

19 MILITARY CONSTRUCTION, NAVY

20 For acquisition, construction, installation, and equip21 ment of temporary or permanent public works, naval in22 stallations, facilities, and real property for the Navy as

23 currently authorized by law, including personnel in the

24 Naval Facilities Engineering Command and other per25 sonal services necessary for the purposes of this appropria-
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1 tion, Ω4æ$575,971,000 $580,033,000, to remain available

2 until September 30, 1998: Provided, That of this amount,

3 not to exceed Ω5æ$64,373,000 $59,373,000 shall be avail4 able for study, planning, design, architect and engineer

5 services, as authorized by law, unless the Secretary of De6 fense determines that additional obligations are necessary

7 for such purposes and notifies the Committees on Appro8 priations of both Houses of Congress of his determination

9 and the reasons thereforΩ6æ: Provided further, That of the

10 funds appropriated for ‘‘Military Construction, Navy’’

11 under Public Law 101–148, $7,662,000 is hereby rescinded:

12 Provided further, That of the funds appropriated for ‘‘Mili13 tary Construction, Navy’’ under Public Law 102–136,

14 $23,630,000 is hereby rescinded: Provided further, That of

15 the funds appropriated for ‘‘Military Construction, Navy’’

16 under Public Law 102–380, $37,660,000 is hereby re17 scinded.

18 MILITARY CONSTRUCTION, AIR FORCE

19 For acquisition, construction, installation, and equip20 ment of temporary or permanent public works, military

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

22 as currently authorized by law, Ω7æ$913,297,000

23 $963,726,000, to remain available until September 30,

24 1998: Provided, That of this amount, not to exceed

25 Ω8æ$63,882,000 $58,180,000 shall be available for study,
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1 planning, design, architect and engineer services, as au2 thorized by law, unless the Secretary of Defense deter3 mines that additional obligations are necessary for such

4 purposes and notifies the Committees on Appropriations

5 of both Houses of Congress of his determination and the

6 reasons thereforΩ9æ: Provided further, That of the funds

7 appropriated for ‘‘Military Construction, Air Force’’ under

8 Public Law 102–136, $14,480,000 is hereby rescinded: Pro9 vided further, That of the funds appropriated for ‘‘Military

10 Construction, Air Force’’ under Public Law 102–380,

11 $2,230,000 is hereby rescinded.

12 MILITARY CONSTRUCTION, DEFENSE-WIDE

13 (INCLUDING TRANSFER OF FUNDS)

14 For acquisition, construction, installation, and equip15 ment of temporary or permanent public works, installa16 tions, facilities, and real property for activities and agen17 cies of the Department of Defense (other than the military

18 departments), as currently authorized by law,

19 Ω10æ$618,770,000 $524,165,000, to remain available until

20 September 30, 1998: Provided, That such amounts of this

21 appropriation as may be determined by the Secretary of

22 Defense may be transferred to such appropriations of the

23 Department of Defense available for military construction

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

25 for the same purposes, and for the same time period, as
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1 the appropriation or fund to which transferred: Provided

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

3 Ω11æ$42,405,000 $37,405,000 shall be available for study,

4 planning, design, architect and engineer services, as au5 thorized by law, unless the Secretary of Defense deter6 mines that additional obligations are necessary for such

7 purposes and notifies the Committees on Appropriations

8 of both Houses of Congress of his determination and the

9 reasons thereforΩ12æ: Provided further, That of the funds

10 appropriated for ‘‘Military Construction, Defense Agencies’’

11 under Public Law 102–136, $15,500,000 is hereby re12 scinded.

13 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

14 For construction, acquisition, expansion, rehabilita15 tion, and conversion of facilities for the training and ad16 ministration of the Army National Guard, and contribu17 tions therefor, as authorized by chapter 133 of title 10,

18 United States Code, and military construction authoriza19 tion Acts, Ω13æ$203,980,000 $291,250,000, to remain

20 available until September 30, 1998.

21 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

22 For construction, acquisition, expansion, rehabilita23 tion, and conversion of facilities for the training and ad24 ministration of the Air National Guard, and contributions

25 therefor, as authorized by chapter 133 of title 10, United
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1 States Code, and military construction authorization Acts,

2 Ω14æ$161,761,000 $254,923,000, to remain available until

3 September 30, 1998.

4 MILITARY CONSTRUCTION, ARMY RESERVE

5 For construction, acquisition, expansion, rehabilita6 tion, and conversion of facilities for the training and ad7 ministration of the Army Reserve as authorized by chapter

8 133 of title 10, United States Code, and military construc9 tion authorization Acts, Ω15æ$87,825,000 $124,794,000,

10 to remain available until September 30, 1998.

11 MILITARY CONSTRUCTION, NAVAL RESERVE

12 For construction, acquisition, expansion, rehabilita13 tion, and conversion of facilities for the training and ad14 ministration of the reserve components of the Navy and

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

16 United States Code, and military construction authoriza17 tion Acts, Ω16æ$28,647,000 $25,013,000, to remain avail18 able until September 30, 1998.

19 MILITARY CONSTRUCTION, AIR FORCE RESERVE

20 For construction, acquisition, expansion, rehabilita21 tion, and conversion of facilities for the training and ad22 ministration of the Air Force Reserve as authorized by

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

24 construction authorization Acts, Ω17æ$66,136,000
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1 $68,427,000, to remain available until September 30,

2 1998.

3 Ω18æNORTH ATLANTIC TREATY ORGANIZATION

4 INFRASTRUCTURE

5 For the United States share of the cost of North At6 lantic Treaty Organization Infrastructure programs for

7 the acquisition and construction of military facilities and

8 installations (including international military head9 quarters) and for related expenses for the collective de10 fense of the North Atlantic Treaty Area as authorized in

11 military construction Acts and section 2806 of title 10,

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

13 until expended.

14 Ω19æOUTSIDE THE UNITED STATES

15 Notwithstanding any other provision of law, for mili16 tary construction and family housing construction outside

17 the United States for the Army, Navy, Air Force, and De18 fense Agencies and for the North Atlantic Treaty Organiza19 tion Infrastructure Programs, as currently authorized by

20 law, $300,000,000, to remain available until expended: Pro21 vided, That $120,000,000 of such amount shall not be avail22 able unless the Secretary of Defense certifies to Congress

23 that (1) the amount requested by the Department of Defense

24 for overseas basing activities (as that term is defined in

25 section 1301(b) of Public Law 102–484 (106 Stat. 2544))
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1 for each fiscal year after fiscal year 1994 is expected to be

2 significantly less than the amount requested for such activi3 ties for the previous fiscal year; (2) negotiations for revised

4 host-nation agreements as required under section 1301(e)

5 of Public Law 102–484 (106 Stat. 2545) have commenced;

6 (3) such negotiations will result in agreements that provide

7 in fiscal years after fiscal year 1993 for an assumption by

8 host-nations of greater costs of the United States military

9 installations covered by the agreements; and (4) progress

10 is being made in such negotiations to reduce the United

11 States share of the costs of all overseas basing activities:

12 Provided further, That such amounts of this appropriation

13 as are available and as may be determined by the Secretary

14 of Defense may be transferred to such appropriations of the

15 Department of Defense available for military construction

16 and family housing and the North Atlantic Treaty Organi17 zation Infrastructure account as he may designate, to be

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

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

20 transferred.

21 FAMILY HOUSING, ARMY

22 For expenses of family housing for the Army for con23 struction, including acquisition, replacement, addition, ex24 pansion, extension and alteration and for operation and

25 maintenance, including debt payment, leasing, minor con-
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1 struction, principal and interest charges, and insurance

2 premiums, as authorized by law, as follows: for Construc3 tion, Ω20æ$218,785,000 $228,385,000, to remain available

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

5 and for debt payment, Ω21æ$1,067,922,000

6 $1,125,601,000; in all Ω22æ$1,286,707,000

7 $1,353,986,000.

8 FAMILY HOUSING, NAVY AND MARINE CORPS

9 For expenses of family housing for the Navy and Ma10 rine Corps for construction, including acquisition, replace11 ment, addition, expansion, extension and alteration and

12 for operation and maintenance, including debt payment,

13 leasing, minor construction, principal and interest

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

15 as follows: for Construction, Ω23æ$367,769,000

16 $354,738,000, to remain available until September 30,

17 1998; for Operation and maintenance, and for debt pay18 ment, Ω24æ$781,952,000 $835,055,000; in all

19 Ω25æ$1,149,721,000 $1,189,793,000Ω26æ: Provided, That

20 of the funds appropriated for ‘‘Family Housing, Navy and

21 Marine Corps’’ under Public Law 101–148, $25,018,000 is

22 hereby rescinded.

23 FAMILY HOUSING, AIR FORCE

24 For expenses of family housing for the Air Force for

25 construction, including acquisition, replacement, addition,
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1 expansion, extension and alteration and for operation and

2 maintenance, including debt payment, leasing, minor con3 struction, principal and interest charges, and insurance

4 premiums, as authorized by law, as follows: for Construc5 tion, Ω27æ$192,197,000 $195,035,000, to remain available

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

7 and for debt payment, Ω28æ$805,847,000 $853,912,000;

8 in all Ω29æ$998,044,000 $1,048,947,000Ω30æ: Provided,

9 That of the funds appropriated for ‘‘Family Housing, Air

10 Force’’ under Public Law 102–136, $6,400,000 is hereby re11 scinded: Provided further, That of the funds appropriated

12 for ‘‘Family Housing, Air Force’’ under Public Law 102–

13 380, $48,702,000 is hereby rescinded.

14 FAMILY HOUSING, DEFENSE-WIDE

15 For expenses of family housing for the activities and

16 agencies of the Department of Defense (other than the

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

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

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

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

23 Ω31æ$25,711,000 $27,337,000; in all Ω32æ$25,870,000

24 $27,496,000.
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1 HOMEOWNERS ASSISTANCE FUND, DEFENSE

2 For use in the Homeowners Assistance Fund estab3 lished pursuant to section 1013(d) of the Demonstration

4 Cities and Metropolitan Development Act of 1966, as

5 amended (42 U.S.C. 3374), $151,400,000Ω33æ, to remain

6 available until expended.

7 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART I

8 For deposit into the Department of Defense Base

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

10 Defense Authorization Amendments and Base Closure and

11 Realignment Act (Public Law 100–526),

12 Ω34æ$27,870,000 $12,830,000, to remain available for ob13 ligation until September 30, 1995: Provided, That none

14 of these funds may be obligated for base realignment and

15 closure activities under Public Law 100–526 which would

16 cause the Department’s $1,800,000,000 cost estimate for

17 military construction and family housing related to the

18 Base Realignment and Closure Program to be

19 exceededΩ35æ:–Provided further, That not less than

20 $19,800,000 of the funds appropriated herein shall be

21 available solely for environmental restoration.

22 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II

23 For deposit into the Department of Defense Base

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

25 of the Department of Defense Authorization Act, 1991
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1 (Public Law 101–510), Ω36æ$1,800,500,000

2 $1,526,310,000, to remain available until expended: Pro3 vided, That Ω37æsuch funds are available solely for the

4 approved 1991 base realignments and closures: Provided

5 further, That not less than $262,300,000 of the funds ap6 propriated herein shall be available solely for environ7 mental restoration.

8 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III

9 For deposit into the Department of Defense Base

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

11 of the Department of Defense Authorization Act, 1991

12 (Public Law 101–510), Ω38æ$1,200,000,000

13 $1,197,000,000, to remain available until expended: Pro14 vided, That such funds will be available only to the extent

15 an official budget request is transmitted to the

16 CongressΩ39æ:–Provided further, That such funds are

17 available solely for the approved 1993 base realignments

18 and closures: Provided further, That not less than

19 $300,000,000 of the funds appropriated herein shall be

20 available solely for environmental restoration.

21 GENERAL PROVISIONS

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

23 Construction Appropriations Acts shall be expended for

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

25 where cost estimates exceed $25,000, to be performed
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1 within the United States, except Alaska, without the spe2 cific approval in writing of the Secretary of Defense set3 ting forth the reasons therefor.

4 SEC. 102. Funds appropriated to the Department of

5 Defense for construction shall be available for hire of pas6 senger motor vehicles.

7 SEC. 103. Funds appropriated to the Department of

8 Defense for construction may be used for advances to the

9 Federal Highway Administration, Department of Trans10 portation, for the construction of access roads as author11 ized by section 210 of title 23, United States Code, when

12 projects authorized therein are certified as important to

13 the national defense by the Secretary of Defense.

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

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

16 continental United States for which specific appropria17 tions have not been made.

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

19 Construction Appropriations Acts shall be used for pur20 chase of land or land easements in excess of 100 per cen21 tum of the value as determined by the Army Corps of En22 gineers or the Naval Facilities Engineering Command, ex23 cept (a) where there is a determination of value by a Fed24 eral court, or (b) purchases negotiated by the Attorney

25 General or his designee, or (c) where the estimated value
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1 is less than $25,000, or (d) as otherwise determined by

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

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

4 Construction Appropriations Acts shall be used to (1) ac5 quire land, (2) provide for site preparation, or (3) install

6 utilities for any family housing, except housing for which

7 funds have been made available in annual Military Con8 struction Appropriations Acts.

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

10 Construction Appropriations Acts for minor construction

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

12 base or installation to another, without prior notification

13 to the Committees on Appropriations.

14 SEC. 108. No part of the funds appropriated in Mili15 tary Construction Appropriations Acts may be used for

16 the procurement of steel for any construction project or

17 activity for which American steel producers, fabricators,

18 and manufacturers have been denied the opportunity to

19 compete for such steel procurement.

20 SEC. 109. None of the funds available to the Depart21 ment of Defense for military construction or family hous22 ing during the current fiscal year may be used to pay real

23 property taxes in any foreign nation.

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

25 Construction Appropriations Acts may be used to initiate
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1 a new installation overseas without prior notification to

2 the Committees on Appropriations.

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

4 Construction Appropriations Acts may be obligated for ar5 chitect and engineer contracts estimated by the Govern6 ment to exceed $500,000 for projects to be accomplished

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

8 contracts are awarded to United States firms or United

9 States firms in joint venture with host nation firms.

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

11 Construction Appropriations Acts for military construc12 tion in the United States territories and possessions in the

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

14 contract estimated by the Government to exceed

15 $1,000,000 to a foreign contractor: Provided, That this

16 section shall not be applicable to contract awards for

17 which the lowest responsive and responsible bid of a

18 United States contractor exceeds the lowest responsive

19 and responsible bid of a foreign contractor by greater than

20 20 per centum.

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

22 Committees on Appropriations and the Committees on

23 Armed Services of the plans and scope of any proposed

24 military exercise involving United States personnel thirty

25 days prior to its occurring, if amounts expended for con-
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1 struction, either temporary or permanent, are anticipated

2 to exceed $100,000.

3 (TRANSFER OF FUNDS)

4 SEC. 114. Unexpended balances in the Military Fam5 ily Housing Management Account established pursuant to

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

7 any additional amounts which would otherwise be trans8 ferred to the Military Family Housing Management Ac9 count, shall be transferred to the appropriations for Fam10 ily Housing, as determined by the Secretary of Defense,

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

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

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

14 been transferred.

15 SEC. 115. Not more than 20 per centum of the appro16 priations in Military Construction Appropriations Acts

17 which are limited for obligation during the current fiscal

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

19 fiscal year.

20 (TRANSFER OF FUNDS)

21 SEC. 116. Funds appropriated to the Department of

22 Defense for construction in prior years shall be available

23 for construction authorized for each such military depart24 ment by the authorizations enacted into law during the

25 current session of Congress.
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1 SEC. 117. For military construction or family housing

2 projects that are being completed with funds otherwise ex3 pired or lapsed for obligation, expired or lapsed funds may

4 be used to pay the cost of associated supervision, inspec5 tion, overhead, engineering and design on those projects

6 and on subsequent claims, if any.

7 SEC. 118. Notwithstanding any other provision of

8 law, any funds appropriated to a military department or

9 defense agency for the construction of military projects

10 may be obligated for a military construction project or

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

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

13 the fiscal year for which funds for such project were ap14 propriated if the funds obligated for such project (1) are

15 obligated from funds available for military construction

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

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

18 such project is increased pursuant to law.

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

20 Operation and maintenance of Family Housing, no more

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

22 of family housing units.

23 (TRANSFER OF FUNDS)

24 SEC. 120. During the five-year period after appro25 priations available to the Department of Defense for mili-
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1 tary construction and family housing operation and main2 tenance and construction have expired for obligation, upon

3 a determination that such appropriations will not be nec4 essary for the liquidation of obligations or for making au5 thorized adjustments to such appropriations for obliga6 tions incurred during the period of availability of such ap7 propriations, unobligated balances of such appropriations

8 may be transferred into the appropriation ‘‘Foreign Cur9 rency Fluctuations, Construction, Defense’’ to be merged

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

11 the same purposes as the appropriation to which trans12 ferred.

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

14 Committees on Appropriations of the Senate and the

15 House of Representatives with an annual report by Feb16 ruary 15, containing details of the specific actions pro17 posed to be taken by the Department of Defense during

18 the current fiscal year to encourage other member nations

19 of the North Atlantic Treaty Organization and Japan and

20 Korea to assume a greater share of the common defense

21 burden of such nations and the United States.

22 Ω40æSEC. 122. (a) Notwithstanding any other provi23 sion of law, the Secretary of the Army shall transfer, no

24 later than September 30, 1994, without reimbursement or

25 transfer of funds, to the Architect of the Capitol, a portion
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1 of the real property, including improvements thereon,

2 known as the Army Research Laboratory, Woodbridge Re3 search Facility, located in Prince William County, Vir4 ginia, consisting of approximately 100 acres, more or less,

5 as determined under subsection (c).

6 (b) The Architect of the Capitol shall, upon comple7 tion of the survey performed pursuant to subsection (c)

8 and the transfer effected pursuant to subsection (a), uti9 lize the property to be transferred to provide facilities to

10 accommodate the varied long term storage and service

11 needs of the Library of Congress and Legislative Branch.

12 (c) The exact acreage, legal description and appor13 tionment as to the portions of the property to be trans14 ferred under this section shall be determined by a survey

15 satisfactory to the Architect of the Capitol and the Sec16 retary of the Army.

17 Ω41æSEC. 122. Notwithstanding any other provision

18 of this Act, each amount appropriated by this Act is hereby

19 reduced by four percent.

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

21 Navy pursuant to section 2840 of the National Defense

22 Authorization Act for Fiscal Years 1992 and 1993 (Public

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

24 the purposes authorized in that section.
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1 Ω42æSEC. 124. Defense access roads for Camp

2 Dodge, Iowa, (86th Street improvements) shall be consid3 ered as fully meeting the certification requirements speci4 fied in section 210 of title 23 of the United States Code.

5 Ω43æSEC. 125. COMPLIANCE WITH BUY AMERICAN

6 ACT.

7 No funds appropriated pursuant to this Act may be

8 expended by an entity unless the entity agrees that in ex9 pending the assistance the entity will comply with sections

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

11 10c, popularly known as the ‘‘Buy American Act’’).

12 Ω44æSEC. 126. SENSE OF CONGRESS; REQUIREMENT

13 REGARDING NOTICE.

14 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

15 AND PRODUCTS.—In the case of any equipment or prod16 ucts that may be authorized to be purchased with financial

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

18 Congress that entities receiving such assistance should, in

19 expending the assistance, purchase only American-made

20 equipment and products.

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

22 providing financial assistance under this Act, the Sec23 retary of the Treasury shall provide to each recipient of

24 the assistance a notice describing the statement made in

25 subsection (a) by the Congress.
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1 Ω45æSEC. 127. PROHIBITION OF CONTRACTS.

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

3 agency that any person intentionally affixed a fraudulent

4 label bearing a ‘‘Made in America’’ inscription, or any in5 scription with the same meaning, to any product sold in

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

7 United States, such person shall be ineligible to receive

8 any contract or subcontract made with funds provided

9 pursuant to this Act, pursuant to the debarment, suspen10 sion, and ineligiblity procedures described in section 9.400

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

12 Ω46æSEC. 128. Of the funds appropriated in this Act

13 for ‘‘Military Construction, Army,’’ $4,400,000 shall be ob14 ligated for a DIAL Central Office Facility at Fitzsimmons

15 Medical Center, Colorado.

16 Ω47æSEC. 129. Of the funds appropriated in this Act

17 for ‘‘Military Construction, Air National Guard,’’

18 $2,800,000 shall be obligated for an ACMI support facility

19 at the Gulfport-Biloxi Regional Airport, Mississippi.

20 Ω48æSEC. 130. The Secretary of the Navy may grant

21 a perpetual easement for drainage and other public pur22 poses to the City and County of Honolulu over approxi23 mately fifty to seventy acres of land at West Loch Branch,

24 Naval Magazine Lualualei, on condition that the consider25 ation received shall be no less than fair market value as
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1 determined by the Secretary and that the Secretary shall

2 receive such consideration in the form of either the actual

3 design and construction of certain roadway, fencing, phys4 ical security, and other improvements at West Loch Branch,

5 Naval Magazine Lualualei to the satisfaction of the Sec6 retary, or the payment of funds for use by the Secretary

7 for the design and construction of such improvements, or

8 any combination thereof.

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

10 Appropriations Act, 1994’’.

Passed the House of Representatives June 23, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.

Passed the Senate September 30 (legislative day,

September 27), 1993.

Attest: WALTER J. STEWART,

Secretary.

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