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).
Ω29æSEC. 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.
Ω30æSEC. 125. SENSE OF CONGRESS; REQUIREMENT
REGARDING 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.
Ω31æSEC. 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.
Ω32æSEC. 127. LAND TRANSFER, WOODBRIDGE RE-
SEARCH FACILITY, 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.
Ω33æSEC. 128. SENSE OF THE SENATE ON FUNDING
FOR MILITARY CONSTRUCTION PROJECTS NOT RE-
QUESTED
IN
THE
PRESIDENT’S
ANNUAL
BUDGET
REQUEST.
(a) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that, to the maximum extent practicable, the Senate
should consider the appropriation of funds for a military
construction project not authorized or included in the an-
nual budget request of the Department of Defense only if—
(1) the project is consistent with past actions of
the Base Realignment and Closure process;
(2) the project is included in the military con-
struction plan of the military department concerned
incorporated in the Future Years Defense Program or
is authorized;
(3) the project is necessary for reasons of the na-
tional security of the United States; and
(4) a contract for construction of the project can
be awarded in that fiscal year.
(b) VIEWS OF THE SECRETARY OF DEFENSE.—In con-
sidering these criteria, the Senate should obtain the views
of the Secretary of Defense. These views should include
whether funds for a military construction project not in-
cluded in the budget request can be offset by funds for other
programs, projects, or activities, including military con-
struction projects, in the budget request and, if so, the spe-
cific offsetting reductions recommended by the Secretary of
Defense.
(c) RULE OF CONSTRUCTION.—Nothing in this provi-
sion shall be construed as modifying the provisions of sec-
tion 2802 of title 10, United States Code.
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.
Passed the Senate July 15 (legislative day, July 11),
1994.
Attest:
MARTHA A. POPE,
Secretary.
HR 4453 PP——2
HR 4453 PP——3