Calendar No. 512
103D CONGRESS
2D SESSION
H. R. 4453
[Report No. 103–312]
AN ACT
Making appropriations for military construction for
the Department of Defense for the fiscal year
ending September 30, 1995, and for other pur-
poses.
MAY 25 (legislative day, MAY 16), 1994
Received; read twice and referred to the Committee on
Appropriations
JUNE 14 (legislative day, JUNE 11), 1994
Reported with amendments
II
Calendar No. 521
103D CONGRESS
2D SESSION
H. R. 4453
[Report No. 103–312]
IN THE SENATE OF THE UNITED STATES
MAY 25 (legislative day, MAY 16), 1994
Received; read twice and referred to the Committee on Appropriations
JULY 14 (legislative day, JULY 11), 1994
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 De-
partment of Defense for the fiscal year ending September
30, 1995, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1995, for military con-
struction functions administered by the Department of
Defense, and for other purposes, namely:
MILITARY CONSTRUCTION, ARMY
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the
Army Corps of Engineers and other personal services nec-
essary for the purposes of this appropriation, and for con-
struction and operation of facilities in support of the func-
tions of the Commander in Chief, $623,511,000
$489,076,000, to remain available until September 30,
1999: Provided, That of this amount, not to exceed
$67,700,000 $62,926,000 shall be available for study,
planning, design, architect and engineer services, as au-
thorized by law, unless the Secretary of Defense deter-
mines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations
of both Houses of Congress of his determination and the
reasons therefor.
MILITARY CONSTRUCTION, NAVY
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, naval in-
stallations, facilities, and real property for the Navy as
currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other per-
sonal services necessary for the purposes of this appropria-
tion, $462,701,000 $340,455,000, to remain available until
September 30, 1999: Provided, That of this amount, not
to exceed $47,900,000 $43,380,000 shall be available for
study, planning, design, architect and engineer services,
as authorized by law, unless the Secretary of Defense de-
termines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations
of both Houses of Congress of his determination and the
reasons therefor.
MILITARY CONSTRUCTION, AIR FORCE
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military
installations, facilities, and real property for the Air Force
as 
currently 
authorized 
by 
law, 
$514,977,000
$525,863,000, to remain available until September 30,
1999: Provided, That of this amount, not to exceed
$55,900,000 $53,886,000 shall be available for study,
planning, design, architect and engineer services, as au-
thorized by law, unless the Secretary of Defense deter-
mines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations
of both Houses of Congress of his determination and the
reasons therefor.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, installa-
tions, facilities, and real property for activities and agen-
cies of the Department of Defense (other than the military
departments), 
as 
currently 
authorized 
by 
law,
$467,169,000 $561,039,000, to remain available until Sep-
tember 30, 1999: Provided, That such amounts of this ap-
propriation as may be determined by the Secretary of De-
fense may be transferred to such appropriations of the De-
partment of Defense available for military construction or
family housing as he may designate, to be merged with
and to be available for the same purposes, and for the
same time period, as the appropriation or fund to which
transferred: Provided further, That of the amount appro-
priated, not to exceed $45,960,000 $51,960,000 shall be
available for study, planning, design, architect and engi-
neer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are nec-
essary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of his deter-
mination and the reasons therefor.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army National Guard, and contribu-
tions therefor, as authorized by chapter 133 of title 10,
United States Code, and military construction authoriza-
tion Acts, $134,235,000 $170,479,000, to remain available
until September 30, 1999.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Air National Guard, and contributions
therefor, as authorized by chapter 133 of title 10, United
States Code, and military construction authorization Acts,
$209,843,000 $257,825,000, to remain available until Sep-
tember 30, 1999.
MILITARY CONSTRUCTION, ARMY RESERVE
(TRANSFER OF FUNDS)
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army Reserve as authorized by chapter
133 of title 10, United States Code, and military construc-
tion authorization Acts, $39,121,000 $40,870,000, to re-
main available until September 30, 1999: Provided, That
of the funds appropriated for ‘‘Military Construction, Army
to remain available until September 30, 1999; for Oper-
ation 
and 
maintenance, 
and 
for 
debt 
payment,
$853,599,000
$937,599,000; 
in 
all 
$1,122,634,000
$1,166,894,000.
FAMILY HOUSING, AIR FORCE
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension and alteration and for operation and
maintenance, including debt payment, leasing, minor con-
struction, principal and interest charges, and insurance
premiums, as authorized by law, as follows: for Construc-
tion, $276,482,000 $273,355,000, to remain available until
September 30, 1999; for Operation and maintenance, and
for debt payment, $801,345,000 $824,845,000 of which
not more than $14,200,000 may be obligated for the ac-
quisition of family housing units at Comiso AB, Italy; in
all $1,077,827,000 $1,098,200,000.
FAMILY HOUSING, DEFENSE-WIDE
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for construction, including acquisi-
tion, replacement, addition, expansion, extension and al-
teration, and for operation and maintenance, leasing, and
minor construction, as authorized by law, as follows: for
Construction, $350,000, to remain available for obligation
until September 30, 1999; for Operation and maintenance,
$29,031,000; in all $29,381,000.
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART I
For deposit into the Department of Defense Base
Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure
and 
Realignment 
Act 
(Public 
Law 
100–526),
$87,600,000, to remain available for obligation until Sep-
tember 30, 1995: Provided, That none of these funds
may be obligated for base realignment and closure activi-
ties under Public Law 100–526 which would cause the
Department’s $1,800,000,000 cost estimate for military
construction and family housing related to the Base Re-
alignment and Closure Program to be exceeded: Provided
further, That not less than $66,800,000 of the funds ap-
propriated herein shall be available solely for environ-
mental restoration.
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II
(INCLUDING TRANSFER OF FUNDS)
For deposit into the Department of Defense Base
Closure Account 1990 established by section 2906(a)(1)
of the Department of Defense Authorization Act, 1991
(Public Law 101–510), $265,700,000, to remain available
until 
expended: 
Provided, 
That 
not 
less 
than
$138,700,000 of the funds appropriated herein shall be
available solely for environmental restoration: Provided
further, That, in addition, not to exceed $133,000,000
may be transferred from ‘‘Homeowners Assistance Fund,
Defense’’ to ‘‘Base Realignment and Closure Account,
Part II’’, to be merged with, and to be available for the
same purposes and the same time period as that account.
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III
For deposit into the Department of Defense Base
Closure Account 1990 established by section 2906(a)(1)
of the Department of Defense Authorization Act, 1991
(Public Law 101–510), $2,322,858,000, to remain avail-
able until expended: Provided, That not less than
$302,700,000 of the funds appropriated herein shall be
available solely for environmental restoration.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in Military
Construction Appropriations Acts shall be expended for
payments under a cost-plus-a-fixed-fee contract for work,
where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the spe-
cific approval in writing of the Secretary of Defense set-
ting forth the reasons therefor.
SEC. 102. Funds appropriated to the Department of
Defense for construction shall be available for hire of pas-
senger motor vehicles.
SEC. 103. Funds appropriated to the Department of
Defense for construction may be used for advances to the
Federal Highway Administration, Department of Trans-
portation, for the construction of access roads as author-
ized by section 210 of title 23, United States Code, when
projects authorized therein are certified as important to
the national defense by the Secretary of Defense.
SEC. 104. None of the funds appropriated in this Act
may be used to begin construction of new bases inside the
continental United States for which specific appropria-
tions have not been made.
SEC. 105. No part of the funds provided in Military
Construction Appropriations Acts shall be used for pur-
chase of land or land easements in excess of 100 per cen-
tum of the value as determined by the Army Corps of En-
gineers or the Naval Facilities Engineering Command, ex-
cept (a) where there is a determination of value by a Fed-
eral court, or (b) purchases negotiated by the Attorney
General or his designee, or (c) where the estimated value
is less than $25,000, or (d) as otherwise determined by
the Secretary of Defense to be in the public interest.
SEC. 106. None of the funds appropriated in Military
Construction Appropriations Acts shall be used to (1) ac-
quire land, (2) provide for site preparation, or (3) install
utilities for any family housing, except housing for which
funds have been made available in annual Military Con-
struction Appropriations Acts.
SEC. 107. None of the funds appropriated in Military
Construction Appropriations Acts for minor construction
may be used to transfer or relocate any activity from one
base or installation to another, without prior notification
to the Committees on Appropriations.
SEC. 108. No part of the funds appropriated in Mili-
tary Construction Appropriations Acts may be used for
the procurement of steel for any construction project or
activity for which American steel producers, fabricators,
and manufacturers have been denied the opportunity to
compete for such steel procurement.
SEC. 109. None of the funds available to the Depart-
ment of Defense for military construction or family hous-
ing during the current fiscal year may be used to pay real
property taxes in any foreign nation.
SEC. 110. None of the funds appropriated in Military
Construction Appropriations Acts may be used to initiate
a new installation overseas without prior notification to
the Committees on Appropriations.
SEC. 111. None of the funds appropriated in Military
Construction Appropriations Acts may be obligated for ar-
chitect and engineer contracts estimated by the Govern-
ment to exceed $500,000 for projects to be accomplished
in Japan or in any NATO member country, unless such
contracts are awarded to United States firms or United
States firms in joint venture with host nation firms.
SEC. 112. None of the funds appropriated in Military
Construction Appropriations Acts for military construc-
tion in the United States territories and possessions in the
Pacific and on Kwajalein Atoll may be used to award any
contract estimated by the Government to exceed
$1,000,000 to a foreign contractor: Provided, That this
section shall not be applicable to contract awards for
which the lowest responsive and responsible bid of a
United States contractor exceeds the lowest responsive
and responsible bid of a foreign contractor by greater than
20 per centum.
SEC. 113. The Secretary of Defense is to inform the
Committees on Appropriations and the Committees on
Armed Services of the plans and scope of any proposed
military exercise involving United States personnel thirty
days prior to its occurring, if amounts expended for con-
struction, either temporary or permanent, are anticipated
to exceed $100,000.
(TRANSFER OF FUNDS)
SEC. 114. Unexpended balances in the Military Fam-
ily Housing Management Account established pursuant to
section 2831 of title 10, United States Code, as well as
any additional amounts which would otherwise be trans-
ferred to the Military Family Housing Management Ac-
count, shall be transferred to the appropriations for Fam-
ily Housing, as determined by the Secretary of Defense,
based on the sources from which the funds were derived,
and shall be available for the same purposes, and for the
same time period, as the appropriation to which they have
been transferred.
SEC. 115. Not more than 20 per centum of the appro-
priations in Military Construction Appropriations Acts
which are limited for obligation during the current fiscal
year shall be obligated during the last two months of the
fiscal year.
(TRANSFER OF FUNDS)
SEC. 116. Funds appropriated to the Department of
Defense for construction in prior years shall be available
for construction authorized for each such military depart-
ment by the authorizations enacted into law during the
current session of Congress.
SEC. 117. For military construction or family housing
projects that are being completed with funds otherwise ex-
pired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision, inspec-
tion, overhead, engineering and design on those projects
and on subsequent claims, if any.
SEC. 118. Notwithstanding any other provision of
law, any funds appropriated to a military department or
defense agency for the construction of military projects
may be obligated for a military construction project or
contract, or for any portion of such a project or contract,
at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were ap-
propriated if the funds obligated for such project (1) are
obligated from funds available for military construction
projects, and (2) do not exceed the amount appropriated
for such project, plus any amount by which the cost of
such project is increased pursuant to law.
(TRANSFER OF FUNDS)
SEC. 119. During the five-year period after appro-
priations available to the Department of Defense for mili-
tary construction and family housing operation and main-
tenance and construction have expired for obligation, upon
a determination that such appropriations will not be nec-
essary for the liquidation of obligations or for making au-
thorized adjustments to such appropriations for obliga-
tions incurred during the period of availability of such ap-
propriations, unobligated balances of such appropriations
may be transferred into the appropriation ‘‘Foreign Cur-
rency Fluctuations, Construction, Defense’’ to be merged
with and to be available for the same time period and for
the same purposes as the appropriation to which trans-
ferred.
SEC. 120. The Secretary of Defense is to provide the
Committees on Appropriations of the Senate and the
House of Representatives with an annual report by Feb-
ruary 15, containing details of the specific actions pro-
posed to be taken by the Department of Defense during
the current fiscal year to encourage other member nations
of the North Atlantic Treaty Organization and Japan and
Korea to assume a greater share of the common defense
burden of such nations and the United States.
(TRANSFER OF FUNDS)
SEC. 121. During the current fiscal year, in addition
to any other transfer authority available to the Depart-
ment of Defense, proceeds deposited to the Department
of Defense Base Closure Account established by section
207(a)(1) of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100–526)
pursuant to section 207(a)(2)(C) of such Act, may be
transferred to the account established by section
2906(a)(1) of the Department of Defense Authorization
Act, 1991, to be merged with, and to be available for the
same purposes and the same time period as that account.
SEC. 122. The second paragraph under the heading,
‘‘Family Housing, Navy and Marine Corps’’ in title XI
of Public Law 102–368, is amended by inserting ‘‘and the
August 8, 1993 earthquake in Guam’’ immediately after
‘‘Typhoon Omar’’.
SEC. 123. (a) Of the budgetary resources available
to the Department of Defense for military construction
and family housing accounts during fiscal year 1995,
$10,421,000 are permanently canceled.
(b) The Secretary of Defense shall allocate the
amount of budgetary resources canceled among the De-
partment’s military construction and family housing ac-
counts available for procurement and procurement-related
expenses. Amounts available for procurement and procure-
ment-related expenses in each such account shall be re-
duced by the amount allocated to such account.
(c) For the purposes of this section, the definition
of ‘‘procurement’’ includes all stages of the process of ac-
quiring property or services, beginning with the process
of determining a need for a product or services and ending
with contract completion and closeout, as specified in 41
U.S.C. 403(2).
SEC. 124. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in ex-
pending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–
10c, popularly known as the ‘‘Buy American Act’’).
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)
SEC. 124. In addition to amounts appropriated or oth-
erwise made available by this Act, $25,100,000 is appro-
priated to the Department of Defense and shall be available
only for transfer to the United States Coast Guard, to re-
main available until expended, to defray expenses for the
consolidation of United States Coast Guard functions in
Martinsburg, West Virginia, including planning, acquisi-
tion, construction, relocation of personnel and equipment
and other associated costs: Provided, That of the funds ap-
propriated for ‘‘Military Construction, Naval Reserve’’
under Public Law 102–136, $25,100,000 are rescinded.
SEC. 125. SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or prod-
ucts that may be authorized to be purchased with financial
assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made
equipment and products.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the Sec-
retary of the Treasury shall provide to each recipient of
the assistance a notice describing the statement made in
subsection (a) by the Congress.
(RESCISSIONS)
SEC. 125. Of the funds provided in Military Construc-
tion Appropriations Acts, the following funds are hereby re-
scinded from the following accounts in the specified
amounts:
‘‘Military Construction, Defense Agencies, 1992/
1996’’, $30,000,000;
‘‘Military Construction, Defense Agencies, 1993/
1997’’, $1,500,000.
SEC. 126. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a fraudulent
label bearing a ‘‘Made in America’’ inscription, or any in-
scription with the same meaning, to any product sold in
or shipped to the United States that was not made in the
United States, such person shall be ineligible to receive
any contract or subcontract made with funds provided
pursuant to this Act, pursuant to the debarment, suspen-
sion, and ineligibility procedures described in section
9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
SEC. 126. LAND CONVEYANCE, NAVAL RESERVE CENTER,
SEATTLE, WASHINGTON.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Navy may convey to the City of Seattle, Washington (in
this section referred to as the ‘‘City’’), all right, title, and
interest of the United States in and to a parcel of real prop-
erty, together with improvements thereon, consisting of ap-
proximately 5.09 acres, the location of the Naval Reserve
Center, Seattle, Washington.
(b) CONSIDERATION.—(1) As consideration for the con-
veyance under subsection (a), the City shall pay to the
United States an amount equal to the fair market value
(as determined by the Secretary) of the portion of the real
property to be conveyed under subsection (a) that is de-
scribed in paragraph (2).
(2) Paragraph (1) applies to the portion of the parcel
of real property referred to in subsection (a) that consists
of approximately 3.67 acres and was acquired by the
United States from a party other than the City.
(c) CONDITION.—The conveyance authorized by sub-
section (a) shall be subject to the condition that the City
accept the real property in its condition at the time of con-
veyance.
(d) REQUIREMENTS RELATING TO CONVEYANCE.—(1)
The Secretary may not make the conveyance authorized by
subsection (a) until the commencement of the use by the
Navy of a Naval Reserve Center that is a suitable replace-
ment for the Naval Reserve Center located on the property
to be conveyed.
(2) The Secretary may not commence construction of
a facility to be the replacement facility under paragraph
(1) for the Naval Reserve Center until the Secretary com-
pletes an environmental impact statement with respect to
the construction and operation of the facility to be the re-
placement facility.
(e) PAYMENT FOR COMMERCIAL USE.—If at any time
after the conveyance under this section the City ceases uti-
lizing the real property conveyed under subsection (a) for
public purposes, and uses such real property instead for
commercial purposes, the City shall pay to the United
States an amount equal to the excess, if any, of—
(1) an amount equal to the fair market value (as
determined by the Secretary) of the real property re-
ferred to in subsection (b)(2), and any improvements
thereon, at the time the City ceases utilizing the real
property for public purposes, over
(2) the amount determined by the Secretary
under subsection (b)(1).
(f) USE OF PROCEEDS.—Proceeds from the sale shall
be deposited in the Treasury of the United States.
(g) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property to be conveyed under
this section shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
City.
(h) ADDITIONAL TERMS AND CONDITIONS.—(1) The
Navy may scope more than one site.
(2) The Secretary may require such additional terms
and conditions in connection with the conveyance under
this section as the Secretary considers appropriate to pro-
tect the interests of the United States.
SEC. 127. LAND TRANSFER, WOODBRIDGE RESEARCH FACIL-
ITY, VIRGINIA.
(a) REQUIREMENT OF TRANSFER.—Notwithstanding
any other provision of law, the Secretary of the Army shall
transfer, without reimbursement, to the Department of the
Interior, a parcel of real estate consisting of approximately
580 acres and comprising the Army Research Laboratory
Woodbridge Facility, Virginia, together with any improve-
ments thereon.
(b) USE OF TRANSFERRED PROPERTY.—The Secretary
of the Interior shall use appropriate parts of this real prop-
erty for (1) incorporation into the Mason Neck Wildlife Ref-
uge and (2) work with the local government and the
Woodbridge Reuse Committee to plan any additional usage
of the property, including an environmental education cen-
ter: Provided, That the Secretary of the Interior provide ap-
propriate public access to the property.
This Act may be cited as the ‘‘Military Construction
Appropriations Act, 1995’’.
Passed the House of Representatives May 24, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.