H. R. 2446—6
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
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 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 Construc-
tion Appropriations Acts for military construction in the United
States territories and possessions in the Pacific and on Kwajalein
Atoll may be used to award any contract estimated by the Govern-
ment 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 contrac-
tor 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 construction, either temporary or permanent, are
anticipated to exceed $100,000.
(TRANSFER OF FUNDS)
SEC. 114. Unexpended balances in the Military Family Housing
Management Account established pursuant to section 2831 of title
10, United States Code, as well as any additional amounts which
would otherwise be transferred to the Military Family Housing
Management Account, shall be transferred to the appropriations
for Family Housing, as determined by the Secretary of Defense,
based on the sources from which the funds were derived, and
H. R. 2446—7
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 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. 116. 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. 117. 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. 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 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.
SEC. 119. Of the funds appropriated in this Act for Operation
and maintenance of Family Housing, no more than $13,000,000
may be obligated for contract cleaning of family housing units.
(TRANSFER OF FUNDS)
SEC. 120. 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. 121. 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 and Japan and Korea
to assume a greater share of the common defense burden of such
nations and the United States.
SEC. 122. (a) Notwithstanding any other provision of law, the
Secretary of the Army shall transfer, no later than September
30, 1994, without reimbursement or transfer of funds, to the
H. R. 2446—8
Architect of the Capitol, a portion of the real property, including
improvements thereon, consisting of not more than 100 acres located
at Fort George G. Meade in Anne Arundel County, Maryland,
as determined under subsection (c).
(b) The Architect of the Capitol shall, upon completion of the
survey performed pursuant to subsection (c) and the transfer
effected pursuant to subsection (a), utilize the transferred property
to provide facilities to accommodate the varied long-term storage
and service needs of the Library of Congress and other Legislative
Branch agencies.
(c) The exact acreage and legal description of the property
to be transferred under this section shall be determined by a
survey satisfactory to the Architect of the Capitol and the Secretary
of the Army, and in consultation with officials of Anne Arundel
County, Maryland.
(d) Any real property and improvements thereon transferred
pursuant to this section shall be under the jurisdiction of the
Architect of the Capitol, subject to the rules and regulations provid-
ing for the use of such property as may be approved by the House
Office Building Commission and the Senate Committee on Rules
and Administration: Provided, That any existing improvements
made available by the Architect to the Librarian of Congress, under
the direction of the Joint Committee on the Library, or hereafter
erected upon such real property pursuant to law for the purposes
of providing for the long-term storage and service needs of the
Library of Congress shall be subject to the provisions of sections
136, 141 and 167 to 167j of title 2, United States Code.
(e) Portions of the real property and any improvements thereon
transferred pursuant to this section that are not determined to
be immediately required for storage or service needs by the
Architect are authorized to be leased temporarily to the Secretary
of the Army: Provided, That nominal lease payments made by
the Secretary of the Army shall be credited to the appropriation
‘‘Architect of the Capitol, Library Buildings and Grounds, Structural
and Mechanical Care, No Year’’.
(f) There are authorized to be appropriated to the Architect
of the Capitol such sums as may be necessary to carry out the
provisions of this section.
SEC. 123. Proceeds received by the Secretary of the Navy pursu-
ant to section 2840 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102–190) are appro-
priated and shall be available for the purposes authorized in that
section.
SEC. 124. None of the funds appropriated in this Act or any
other Act may be used for the purposes of establishing any criminal
detention or rehabilitation facility or program at Fort George
Meade, Maryland.
SEC. 125. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending the assist-
ance 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. 126. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PROD-
UCTS.—In the case of any equipment or products that may be
H. R. 2446—9
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 finan-
cial assistance under this Act, the Secretary of the Treasury shall
provide to each recipient of the assistance a notice describing the
statement made in subsection (a) by the Congress.
SEC. 127. 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 inscription 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 Regulations.
This Act may be cited as the ‘‘Military Construction Appropria-
tions Act, 1994’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.