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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,
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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 de-
fense 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 in-
creased pursuant to law.
(TRANSFER OF FUNDS)
SEC. 118. During the five-year period after appropria-
tions available to the Department of Defense for military
construction and family housing operation and mainte-
nance 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 obligations
incurred during the period of availability of such appro-
priations, unobligated balances of such appropriations may
be transferred into the appropriation ‘‘Foreign Currency
Fluctuations, Construction, Defense’’ to be merged with and
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to be available for the same time period and for the same
purposes as the appropriation 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 fis-
cal 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 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 De-
fense Authorization Act, 1991, to be merged with, and to
be available for the same purposes and the same time period
as that account.
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(TRANSFER OF FUNDS)
SEC. 121. Subject to thirty days prior notification to
the Committees on Appropriations, such additional
amounts as may be determined by the Secretary of Defense
may be transferred to the Department of Defense Family
Housing Improvement Fund from amounts appropriated
for construction in ‘‘Family Housing’’ accounts, to be
merged with and to be available for the same purposes and
for the same period of time as amounts appropriated di-
rectly to the Fund: Provided, That appropriations made
available to the Fund shall be available to cover the costs,
as defined in section 502(5) of the Congressional Budget
Act of 1974, of direct loans or loan guarantees issued by
the Department of Defense pursuant to the provisions of
subchapter IV of chapter 169, title 10, United States Code,
pertaining to alternative means of acquiring and improv-
ing military family housing and supporting facilities.
SEC. 122. Notwithstanding any other provision of law,
appropriations made available to the Department of De-
fense Family Housing Improvement Fund shall be the sole
source of funds available for planning, administrative, and
oversight costs incurred by the Housing Revitalization Sup-
port Office relating to military family housing initiatives
and military unaccompanied housing initiatives under-
taken pursuant to the provisions of subchapter IV of chapter
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169, title 10, United States Code, pertaining to alternative
means of acquiring and improving military family hous-
ing, military unaccompanied housing, and supporting fa-
cilities.
SEC. 123. None of the funds appropriated or made
available by this Act may be obligated for Partnership for
Peace Programs or to provide support for non-NATO coun-
tries.
SEC. 124. (a) Not later than 60 days before issuing
any solicitation for a contract with the private sector for
military family housing or military unaccompanied hous-
ing, the Secretary of the military department concerned
shall submit to the congressional defense committees the no-
tice described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice
of any guarantee (including the making of mortgage or
rental payments) proposed to be made by the Secretary to
the private party under the contract involved in the event
of—
(A) the closure or realignment of the installation
for which housing is provided under the contract;
(B) a reduction in force of units stationed at
such installation; or
(C) the extended deployment overseas of units
stationed at such installation.
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(2) Each notice under this subsection shall specify the
nature of the guarantee involved and assess the extent and
likelihood, if any, of the liability of the Federal Government
with respect to the guarantee.
(c) In this section, the term ‘‘congressional defense
committees’’ means the following:
(1) The Committee on Armed Services and the
Military Construction Subcommittee, Committee on
Appropriations of the Senate.
(2) The Committee on National Security and the
Military Construction Subcommittee, Committee on
Appropriations of the House of Representatives.
(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 De-
fense Authorization Act, 1991, to the fund established by
section 1013(d) of the Demonstration Cities and Metropoli-
tan Development Act of 1966 (42 U.S.C. 3374) to pay for
expenses associated with the Homeowners Assistance Pro-
gram. 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.
SEC. 126. Payments received by the Secretary of the
Navy pursuant to subsection (b)(1) of section 2842 of the
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National Defense Authorization Act, 1993 (Public Law
102–484) are appropriated and shall be available for the
purpose authorized in subsection (d) of that section.
SEC. 127. (a) Notwithstanding any other provision of
this Act, the amount appropriated by this Act under the
heading ‘‘MILITARY
CONSTRUCTION, ARMY
NATIONAL
GUARD’’ is hereby increased by $12,716,000.
(b) Notwithstanding any other provision of this Act,
the amount appropriated by this Act under the heading
‘‘MILITARY CONSTRUCTION, ARMY RESERVE’’ is hereby de-
creased by $12,716,000.
SEC. 128. (a) Notwithstanding any other provision of
this Act, the amount appropriated by the heading ‘‘MILI-
TARY
CONSTRUCTION, NAVY’’ is hereby increased by
$5,780,000.
(b) Notwithstanding any other provision of this Act,
the amount appropriated by the heading ‘‘MILITARY CON-
STRUCTION, DEFENSE-WIDE’’ is hereby decreased by
$11,000,000.
(c) Notwithstanding any other provision of this Act—
(1) the amount appropriated by the heading
‘‘FAMILY HOUSING, AIR FORCE’’ is hereby increased
by $5,220,000; and
(2) the amount appropriated by that heading for
Construction is hereby increased by $5,220,000.
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This Act may be cited as the ‘‘Military Construction
Appropriations Act, 1999’’.
Passed the House of Representatives June 22, 1998.
Attest:
ROBIN H. CARLE,
Clerk.
Passed the Senate June 25, 1998.
Attest:
GARY SISCO,
Secretary.