In the Senate of the United States,
June 25, 1998.
Resolved, That the bill from the House of Representa-
tives (H.R. 4059) entitled ‘‘An Act making appropriations for
military construction, family housing, and base realignment
and closure for the Department of Defense for the fiscal year
ending September 30, 1999, and for other purposes.’’, do
pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for
military construction, family housing, and base realign-
ment and closure functions administered by the Department
of Defense, for the fiscal year ending September 30, 1999,
and for other purposes, namely:
MILITARY CONSTRUCTION, ARMY
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military in-
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stallations, 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, $810,476,000, to remain
available until September 30, 2003: Provided, That of this
amount, not to exceed $67,269,000 shall be available for
study, planning, design, architect and engineer services,
and host nation support, as authorized by law, unless the
Secretary of Defense determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of his deter-
mination 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 cur-
rently authorized by law, including personnel in the Naval
Facilities Engineering Command and other personal serv-
ices necessary for the purposes of this appropriation,
$559,250,000, to remain available until September 30,
2003: Provided, That of this amount, not to exceed
$62,146,000 shall be available for study, planning, design,
architect and engineer services, as authorized by law, unless
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the Secretary of Defense determines that additional obliga-
tions are necessary for such purposes and notifies the Com-
mittees 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 in-
stallations, facilities, and real property for the Air Force
as currently authorized by law, $627,874,000, to remain
available until September 30, 2003: Provided, That of this
amount, not to exceed $39,522,000 shall be available for
study, planning, design, architect and engineer services, as
authorized 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 rea-
sons 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,
$571,485,000, to remain available until September 30,
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2003: Provided, That such amounts of this appropriation
as may be determined by the Secretary of Defense may be
transferred to such appropriations of the Department of De-
fense 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 appropriated, not to exceed
$25,066,000 shall be available for study, planning, design,
architect and engineer services, as authorized by law, unless
the Secretary of Defense determines that additional obliga-
tions are necessary for such purposes and notifies the Com-
mittees on Appropriations of both Houses of Congress of his
determination 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, $124,599,000, to remain available until Septem-
ber 30, 2003.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
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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,
$163,161,000, to remain available until September 30,
2003.
MILITARY CONSTRUCTION, ARMY RESERVE
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, $114,349,000, to remain available
until September 30, 2003.
MILITARY CONSTRUCTION, NAVAL RESERVE
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the reserve components of the Navy and Ma-
rine Corps as authorized by chapter 133 of title 10, United
States Code, and Military Construction Authorization Acts,
$21,621,000, to remain available until September 30, 2003.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Air Force Reserve as authorized by
chapter 133 of title 10, United States Code, and Military
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Construction Authorization Acts, $22,835,000, to remain
available until September 30, 2003.
NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Pro-
gram for the acquisition and construction of military facili-
ties and installations (including international military
headquarters) and for related expenses for the collective de-
fense of the North Atlantic Treaty Area as authorized in
Military Construction Authorization Acts and section 2806
of title 10, United States Code, $152,600,000, to remain
available until expended.
FAMILY HOUSING, ARMY
For expenses of family housing for the Army for con-
struction, including acquisition, replacement, addition, ex-
pansion, 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, $124,490,000, to remain available until September 30,
2003; for Operation and Maintenance, and for debt pay-
ment, $1,104,733,000; in all $1,229,223,000.
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and for operation and maintenance, leasing, and minor
construction, as authorized by law, as follows: for Construc-
tion, $345,000, to remain available until September 30,
2003; for Operation and Maintenance, $36,899,000; in all
$37,244,000.
DEPARTMENT OF DEFENSE FAMILY HOUSING
IMPROVEMENT FUND
For the Department of Defense Family Housing Im-
provement Fund, $7,000,000, to remain available until ex-
pended, for planning, administrative, and oversight costs
incurred by the Housing Revitalization Support Office re-
lating to military family housing initiatives and military
unaccompanied housing initiatives pursuant to 10 U.S.C.
2883, pertaining to alternative means of acquiring and im-
proving military family housing, military unaccompanied
housing, and supporting facilities.
HOMEOWNERS ASSISTANCE FUND, DEFENSE
For activities authorized by section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of
1966, as amended (42 U.S.C. 3374), $12,800,000, to remain
available until expended.
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III
For deposit into the Department of Defense Base Clo-
sure Account 1990 established by section 2906(a)(1) of the
Department of Defense Authorization Act, 1991 (Public
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Law 101–510), $433,464,000, to remain available until ex-
pended: Provided, That not more than $271,800,000 of the
funds appropriated herein shall be available solely for envi-
ronmental restoration, 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 rea-
sons therefor.
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART IV
For deposit into the Department of Defense Base Clo-
sure Account 1990 established by section 2906(a)(1) of the
Department of Defense Authorization Act, 1991 (Public
Law 101–510), $1,297,240,000, to remain available until
expended: Provided, That not more than $426,036,000 of
the funds appropriated herein shall be available solely for
environmental restoration, unless the Secretary of Defense
determines that additional obligations are necessary 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
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
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the United States, except Alaska, without the specific ap-
proval 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 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 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
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or the Naval Facilities Engineering Command, except: (1)
where there is a determination of value by a Federal court;
or (2) purchases negotiated by the Attorney General or his
designee; or (3) where the estimated value is less than
$25,000; or (4) 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 manu-
facturers 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 housing
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during the current fiscal year may be used to pay real prop-
erty 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 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
Construction Appropriations Acts for military construction
in the United States territories and possessions in the Pa-
cific 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 con-
tractor: Provided, That this section shall not be applicable
to contract awards for which the lowest responsive and re-
sponsible bid of a United States contractor exceeds the low-
est responsive and responsible bid of a foreign contractor
by greater than 20 per centum: Provided further, That this
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section shall not apply to contract awards for military con-
struction on Kwajalein Atoll for which the lowest responsive
and responsible bid is submitted by a Marshallese contrac-
tor.
SEC. 113. The Secretary of Defense is to inform the
appropriate committees of Congress, including the Commit-
tees on Appropriations, of the plans and scope of any pro-
posed military exercise involving United States personnel
thirty days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are antici-
pated to exceed $100,000.
SEC. 114. 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. 115. 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 cur-
rent session of Congress.
SEC. 116. 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, inspection,