H. R. 3517—6
$1,182,749,000, to remain available until expended: Provided, That
not more than $200,841,000 of the funds appropriated herein shall
be available solely for environmental restoration, unless the Sec-
retary of Defense determines that additional obligations are nec-
essary for such purposes and notifies the Committees on Appropria-
tions of both Houses of Congress of his determination and the
reasons therefor.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in Military Construc-
tion 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 specific approval in writing of the Secretary of Defense
setting forth the reasons therefor: Provided, That the foregoing
shall not apply in the case of contracts for environmental restoration
at an installation that is being closed or realigned where payments
are made from a Base Realignment and Closure Account.
SEC. 102. Funds appropriated to the Department of Defense
for construction shall be available for hire of passenger 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 Transportation, for the construction
of access roads as authorized 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 appropriations have not been made.
SEC. 105. No part of the funds provided in Military Construction
Appropriations Acts shall be used for purchase of land or land
easements in excess of 100 per centum of the value as determined
by the Army Corps of Engineers or the Naval Facilities Engineering
Command, except (a) where there is a determination of value by
a Federal 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 Construc-
tion Appropriations Acts shall be used to (1) acquire 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 Construction Appropriations Acts.
SEC. 107. None of the funds appropriated in Military Construc-
tion 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 Appropria-
tions.
SEC. 108. No part of the funds appropriated in Military
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 Department of
Defense for military construction or family housing during the
H. R. 3517—7
current fiscal year may be used to pay real property taxes in
any foreign nation.
SEC. 110. None of the funds appropriated in Military Construc-
tion Appropriations Acts may be used to initiate a new installation
overseas without prior notification to the Committees on Appropria-
tions.
SEC. 111. None of the funds appropriated in Military Construc-
tion Appropriations Acts may be obligated for architect and engineer
contracts estimated by the Government to exceed $500,000 for
projects to be accomplished in Japan, in any NATO member country,
or in countries bordering the Arabian Gulf, 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 Construc-
tion Appropriations Acts for military construction in the United
States territories and possessions in the Pacific and on Kwajalein
Atoll, or in countries bordering the Arabian Gulf, 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 appropriate
Committees of Congress, including the Committees on Appropria-
tions, of the plans and scope of any proposed military exercise
involving United States personnel thirty days prior to its occurring,
if amounts expended for construction, either temporary or perma-
nent, are anticipated to exceed $100,000.
SEC. 114. Not more than 20 per centum of the appropriations
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. 115. Funds appropriated to the Department of Defense
for construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
SEC. 116. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed
for obligation, expired or lapsed funds may be used to pay the
cost of associated supervision, inspection, overhead, engineering
and design on those projects and on subsequent claims, if any.
SEC. 117. 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 appropriated 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.
H. R. 3517—8
(TRANSFER OF FUNDS)
SEC. 118. During the five-year period after appropriations avail-
able to the Department of Defense for military construction and
family housing operation and maintenance and construction have
expired for obligation, upon a determination that such appropria-
tions will not be necessary for the liquidation of obligations or
for making authorized adjustments to such appropriations for
obligations incurred during the period of availability of such appro-
priations, unobligated balances of such appropriations may be trans-
ferred into the appropriation ‘‘Foreign Currency Fluctuations,
Construction, Defense’’ to be merged with and to be available for
the same time period and for the same purposes as the appropria-
tion to which transferred.
SEC. 119. The Secretary of Defense is to provide the Committees
on Appropriations of the Senate and the House of Representatives
with an annual report by February 15, containing details of the
specific actions proposed to be taken by the Department of Defense
during the current fiscal year to encourage other member nations
of the North Atlantic Treaty Organization, Japan, Korea, and
United States allies bordering the Arabian Gulf to assume a greater
share of the common defense burden of such nations and the United
States.
(TRANSFER OF FUNDS)
SEC. 120. During the current fiscal year, in addition to any
other transfer authority available to the Department of Defense,
proceeds deposited to the Department of Defense Base Closure
Account established by section 207(a)(1) of the Defense Authoriza-
tion 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. 121. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
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’’).
SEC. 122. (a) In the case of any equipment or products that
may be authorized to be purchased with financial assistance pro-
vided under this Act, it is the sense of the Congress that entities
receiving such assistance should, in expending the assistance, pur-
chase only American-made equipment and products.
(b) In providing financial assistance under this Act, the Sec-
retary of the Treasury shall provide to each recipient of the assist-
ance a notice describing the statement made in subsection (a)
by the Congress.
SEC. 123. The National Guard Bureau shall annually prepare
a future years defense plan based on the requirement and priorities
of the National Guard: Provided, That this plan shall be presented
to the committees of Congress concurrent with the President’s
budget submission for each fiscal year.
SEC. 124. It is the sense of the Congress that the Secretary
of the Army should name buildings numbered 5308 and 5309 at
Redstone Arsenal, Alabama, as the Howell Heflin Complex.
H. R. 3517—9
(TRANSFER OF FUNDS)
SEC. 125. During the current fiscal year, in addition to any
other transfer authority available to the Department of Defense,
amounts may be transferred from the account established by section
2906(a)(1) of the Department of Defense Authorization Act, 1991,
to the fund established by section 1013(d) of the Demonstration
Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374)
to pay for expenses associated with the Homeowners Assistance
Program. Any amounts transferred shall be merged with and be
available for the same purposes and for the same time period
as the fund to which transferred.
This Act may be cited as the ‘‘Military Construction Appropria-
tions Act, 1997’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.