II
Calendar No. 209
103D CONGRESS
1ST SESSION
H. R. 2446
[Report No. 103–148]
IN THE SENATE OF THE UNITED STATES
JUNE 29 (legislative day, JUNE 22), 1993
Received; read twice and referred to the Committee on Appropriations
SEPTEMBER 23 (legislative day, SEPTEMBER 7), 1993
Reported by Mr. SASSER, with amendments
[Omit the part struck through and insert the part printed in italic]
AN ACT
Making appropriations for military construction for the De-
partment of Defense for the fiscal year ending September
30, 1994, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1994, for military con-
struction functions administered by the Department of
Defense, and for other purposes, namely:
MILITARY CONSTRUCTION, ARMY
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military
installations, 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, $837,644,000
$723,505,000, to remain available until September 30,
1998: Provided, That of this amount, not to exceed
$109,441,000 $88,000,000 shall be available for study,
planning, design, architect and engineer services, as au-
thorized 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
reasons therefor: Provided further, That of the funds appro-
priated for ‘‘Military Construction, Army’’ under Public
Law 102–136, $4,700,000 is hereby rescinded: Provided fur-
ther, That of the funds appropriated for ‘‘Military Con-
struction, Army’’ under Public Law 102–380, $9,200,000
is hereby rescinded.
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
currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other per-
sonal services necessary for the purposes of this appropria-
tion, $575,971,000 $580,033,000, to remain available until
September 30, 1998: Provided, That of this amount, not
to exceed $64,373,000 $59,373,000 shall be available for
study, planning, design, architect and engineer services,
as authorized by law, unless the Secretary of Defense de-
termines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations
of both Houses of Congress of his determination and the
reasons therefor: Provided further, That of the funds appro-
priated for ‘‘Military Construction, Navy’’ under Public
Law 101–148, $7,662,000 is hereby rescinded: Provided fur-
ther, That of the funds appropriated for ‘‘Military Con-
struction, Navy’’ under Public Law 102–136, $23,630,000
is hereby rescinded: Provided further, That of the funds ap-
propriated for ‘‘Military Construction, Navy’’ under Public
Law 102–380, $37,660,000 is hereby rescinded.
MILITARY CONSTRUCTION, AIR FORCE
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military
installations, facilities, and real property for the Air Force
as 
currently 
authorized 
by 
law, 
$913,297,000
$969,926,000, to remain available until September 30,
1998: Provided, That of this amount, not to exceed
$63,882,000 $58,180,000 shall be available for study,
planning, design, architect and engineer services, as au-
thorized 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
reasons therefor: Provided further, That of the funds appro-
priated for ‘‘Military Construction, Air Force’’ under Pub-
lic Law 102–136, $14,480,000 is hereby rescinded: Provided
further, That of the funds appropriated for ‘‘Military Con-
struction, Air Force’’ under Public Law 102–380,
$2,230,000 is hereby rescinded.
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,
$618,770,000 $524,165,000, to remain available until Sep-
tember 30, 1998: Provided, That such amounts of this ap-
propriation as may be determined by the Secretary of De-
fense may be transferred to such appropriations of the De-
partment of Defense available for military construction 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
$42,405,000 $37,405,000 shall be available for study,
planning, design, architect and engineer services, as au-
thorized 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
reasons therefor: Provided further, That of the funds appro-
priated for ‘‘Military Construction, Defense Agencies’’
under Public Law 102–136, $15,500,000 is hereby re-
scinded.
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, $203,980,000 $291,250,000, to remain available
until September 30, 1998.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
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,
$161,761,000 $245,723,000, to remain available until Sep-
tember 30, 1998.
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, $87,825,000 $124,794,000, to re-
main available until September 30, 1998.
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
Marine Corps as authorized by chapter 133 of title 10,
United States Code, and military construction authoriza-
tion Acts, $28,647,000 $25,013,000, to remain available
until September 30, 1998.
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
construction authorization Acts, $66,136,000 $68,427,000,
to remain available until September 30, 1998.
NORTH ATLANTIC TREATY ORGANIZATION
INFRASTRUCTURE
For the United States share of the cost of North At-
lantic Treaty Organization Infrastructure programs for
the acquisition and construction of military facilities and
installations
(including
international
military
head-
quarters) and for related expenses for the collective de-
fense of the North Atlantic Treaty Area as authorized in
military construction Acts and section 2806 of title 10,
United States Code, $140,000,000, to remain available
until expended.
OUTSIDE THE UNITED STATES
Notwithstanding any other provision of law, for mili-
tary construction and family housing construction outside
the United States for the Army, Navy, Air Force, and De-
fense Agencies and for the North Atlantic Treaty Organiza-
tion Infrastructure Programs, as currently authorized by
law, $300,000,000, to remain available until expended, Pro-
vided, 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 Defense avail-
able for military construction and family housing and the
North Atlantic Treaty Organization Infrastructure account
as he may designate, to be merged with and to be available
for the same purposes, and for the same period, as the ap-
propriation or fund to which transferred.
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, $218,785,000 $228,385,000, to remain available until
September 30, 1998; for Operation and maintenance, and
for debt payment, $1,067,922,000 $1,125,601,000; in all
$1,286,707,000 $1,353,986,000.
FAMILY HOUSING, NAVY AND MARINE CORPS
For expenses of family housing for the Navy and Ma-
rine Corps for construction, including acquisition, replace-
ment, addition, expansion, extension and alteration and
ing, Air Force’’ under Public Law 102–380, $48,702,000
is hereby rescinded.
FAMILY HOUSING, DEFENSE-WIDE
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for construction, including acquisi-
tion, replacement, addition, expansion, extension and al-
teration, and for operation and maintenance, leasing, and
minor construction, as authorized by law, as follows: for
Construction, $159,000, to remain available for obligation
until September 30, 1998; for Operation and maintenance,
$25,711,000 $27,337,000; in all $25,870,000 $27,496,000.
HOMEOWNERS ASSISTANCE FUND, DEFENSE
For use in the Homeowners Assistance Fund estab-
lished pursuant to section 1013(d) of the Demonstration
Cities and Metropolitan Development Act of 1966, as
amended (42 U.S.C. 3374), $151,400,000, to remain
available until expended.
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART I
For deposit into 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), $27,870,000
$12,830,000, to remain available for obligation until Sep-
tember 30, 1995: Provided, That none of these funds may
be obligated for base realignment and closure activities
under Public Law 100–526 which would cause the Depart-
ment’s $1,800,000,000 cost estimate for military con-
struction and family housing related to the Base Realign-
ment and Closure Program to be exceeded:–Provided fur-
ther, That not less than $19,800,000 of the funds appro-
priated herein shall be available solely for environmental
restoration.
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II
For deposit into the Department of Defense Base
Closure Account 1990 established by section 2906(a)(1)
of the Department of Defense Authorization Act, 1991
(Public Law 101–510), $1,800,500,000 $1,526,310,000, to
remain available until expended: Provided, That such
funds are available solely for the approved 1991 base
realignments and closures: Provided further, That not less
than $262,300,000 of the funds appropriated herein shall
be available solely for environmental restoration.
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III
For deposit into the Department of Defense Base
Closure Account 1990 established by section 2906(a)(1)
of the Department of Defense Authorization Act, 1991
(Public Law 101–510), $1,200,000,000, to remain avail-
able until expended: Provided, That such funds will be
available only to the extent an official budget request is
transmitted to the Congress: Provided further, That such
funds are available solely for the approved 1993 base
realignments and closures: Provided further, That not less
than $300,000,000 of the funds appropriated herein shall
be available solely for environmental restoration.
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 the United States, except Alaska, without the spe-
cific approval in writing of the Secretary of Defense set-
ting forth the reasons therefor.
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 author-
ized 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 appropria-
tions have not been made.
SEC. 105. No part of the funds provided in Military
Construction Appropriations Acts shall be used for pur-
chase of land or land easements in excess of 100 per cen-
tum of the value as determined by the Army Corps of En-
gineers or the Naval Facilities Engineering Command, ex-
cept (a) where there is a determination of value by a Fed-
eral 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
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 manufacturers 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 hous-
ing 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
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 Govern-
ment 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
Construction Appropriations Acts for military construc-
tion in the United States territories and possessions in the
Pacific and on Kwajalein Atoll 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
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 con-
struction, either temporary or permanent, are anticipated
to exceed $100,000.
(TRANSFER OF FUNDS)
SEC. 114. Unexpended balances in the Military Fam-
ily Housing Management Account established pursuant to
section 2831 of title 10, United States Code, as well as
any additional amounts which would otherwise be trans-
ferred to the Military Family Housing Management Ac-
count, shall be transferred to the appropriations for Fam-
ily Housing, as determined by the Secretary of Defense,
based on the sources from which the funds were derived,
and 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 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. 116. 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
current session of Congress.
SEC. 117. 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, inspec-
tion, 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 ap-
propriated 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 appro-
priations available to the Department of Defense for mili-
tary construction and family housing operation and main-
tenance 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 obliga-
tions incurred during the period of availability of such ap-
propriations, unobligated balances of such appropriations
may be transferred into the appropriation ‘‘Foreign Cur-
rency Fluctuations, Construction, Defense’’ to be merged
with and to be available for the same time period and for
the same purposes as the appropriation to which trans-
ferred.
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 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.
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 Architect of the Capitol, a portion
of the real property, including improvements thereon,
known as the Army Research Laboratory, Woodbridge Re-
search Facility, located in Prince William County, Vir-
ginia, consisting of approximately 100 acres, more or less,
as determined under subsection (c).
(b) The Architect of the Capitol shall, upon comple-
tion of the survey performed pursuant to subsection (c)
and the transfer effected pursuant to subsection (a), uti-
lize the property to be transferred to provide facilities to
accommodate the varied long term storage and service
needs of the Library of Congress and Legislative Branch.
(c) The exact acreage, legal description and appor-
tionment as to the portions of the property to be trans-
ferred under this section shall be determined by a survey
satisfactory to the Architect of the Capitol and the Sec-
retary of the Army.
SEC. 122. Notwithstanding any other provision of this
Act, each amount appropriated by this Act is hereby re-
duced by four percent.
SEC. 123. Proceeds received by the Secretary of the
Navy pursuant to section 2840 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public
Law 102–190) are appropriated and shall be available for
the purposes authorized in that section.
SEC. 124. Defense access roads for Camp Dodge,
Iowa, (86th Street improvements) shall be considered as
fully meeting the certification requirements specified in
section 210 of title 23 of the United States Code.
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 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’’).
SEC. 126. SENSE OF CONGRESS; REQUIREMENT REGARD-
ING 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.
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 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 ineligiblity procedures described in section 9.400
through 9.409 of title 48, Code of Federal Regulations.
SEC. 128. Of the funds appropriated in this Act for
‘‘Military Construction, Army,’’ $4,400,000 shall be obli-
gated for a DIAL Central Office Facility at Fitzsimmons
Medical Center, Colorado.
SEC. 129. Of the funds appropriated in this Act for
‘‘Military Construction, Air National Guard,’’ $2,800,000
shall be obligated for an ACMI support facility at the Gulf-
port-Biloxi Regional Airport, Mississippi.
This Act may be cited as the ‘‘Military Construction
Appropriations Act, 1994’’.
Passed the House of Representatives June 23, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.