[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2446 Enrolled Bill (ENR)]

        H.R.2446
                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
  the fifth day of January, one thousand nine hundred and ninety-three


                                 An Act

  
 
  Making appropriations for military construction for the Department of 
Defense

 for the fiscal year ending September 30, 1994, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 construction functions administered by the Department of 
Defense, and for other purposes, namely:

                       Military Construction, Army

    For acquisition, construction, installation, and equipment 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 
necessary for the purposes of this appropriation, and for construction 
and operation of facilities in support of the functions of the Commander 
in Chief, $906,676,000, to remain available until September 30, 1998: 
Provided, That of this amount, not to exceed $109,441,000 shall be 
available for study, planning, design, architect and engineer services, 
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 
determination and the reasons therefor: Provided further, That of the 
funds appropriated for ``Military Construction, Army'' under Public Law 
102-136, $4,700,000 is hereby rescinded: Provided further, That of the 
funds appropriated for ``Military Construction, Army'' under Public Law 
102-380, $9,200,000 is hereby rescinded.

                       Military Construction, Navy

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy as currently authorized by law, including 
personnel in the Naval Facilities Engineering Command and other personal 
services necessary for the purposes of this appropriation, $681,373,000, 
to remain available until September 30, 1998: Provided, That of this 
amount, not to exceed $64,373,000 shall be available for study, 
planning, design, architect and engineer services, 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 determination and the 
reasons therefor: Provided further, That of the funds appropriated for 
``Military Construction, Navy'' under Public Law 101-148, $7,662,000 is 
hereby rescinded: Provided further, That of the funds appropriated for 
``Military Construction, Navy'' under Public Law 101-519, $14,406,000 is 
hereby rescinded: Provided further, That of the funds appropriated for 
``Military Construction, Navy'' under Public Law 102-136, $62,899,000 is 
hereby rescinded: Provided further, That of the funds appropriated for 
``Military Construction, Navy'' under Public Law 102-380, $37,660,000 is 
hereby rescinded.

                    Military Construction, Air Force

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, facilities, 
and real property for the Air Force as currently authorized by law, 
$1,021,567,000, to remain available until September 30, 1998: Provided, 
That of this amount, not to exceed $63,882,000 shall be available for 
study, planning, design, architect and engineer services, 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 determination and 
the reasons therefor: Provided further, That of the funds appropriated 
for ``Military Construction, Air Force'' under Public Law 101-148, 
$8,315,000 is hereby rescinded: Provided further, That of the funds 
appropriated for ``Military Construction, Air Force'' under Public Law 
101-519, $6,550,000 is hereby rescinded: Provided further, That of the 
funds appropriated for ``Military Construction, Air Force'' under Public 
Law 102-136, $12,980,000 is hereby rescinded: Provided further, That of 
the funds appropriated for ``Military Construction, Air Force'' under 
Public Law 102-380, $2,250,000 is hereby rescinded.

                   Military Construction, Defense-Wide


                       (including transfer of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and real 
property for activities and agencies of the Department of Defense (other 
than the military departments), as currently authorized by law, 
$562,008,000, to remain available until September 30, 1998: 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 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 $44,405,000 shall be available for study, planning, design, 
architect and engineer services, 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 determination and the 
reasons therefor: Provided further, That of the funds appropriated for 
``Military Construction, Defense Agencies'' under Public Law 102-136, 
$15,500,000 is hereby rescinded.

               Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Army 
National Guard, and contributions therefor, as authorized by chapter 133 
of title 10, United States Code, and military construction authorization 
Acts, $302,719,000, to remain available until September 30, 1998.

                Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 133 
of title 10, United States Code, and military construction authorization 
Acts, $247,491,000, to remain available until September 30, 1998.

                   Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Army 
Reserve as authorized by chapter 133 of title 10, United States Code, 
and military construction authorization Acts, $102,040,000, to remain 
available until September 30, 1998.

                  Military Construction, Naval Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by chapter 
133 of title 10, United States Code, and military construction 
authorization Acts, $25,029,000, to remain available until September 30, 
1998.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 133 of title 10, United States 
Code, and military construction authorization Acts, $74,486,000, to 
remain available until September 30, 1998.

            North Atlantic Treaty Organization Infrastructure

    For the United States share of the cost of North Atlantic Treaty 
Organization Infrastructure programs for the acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense 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.

                          Family Housing, Army

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension and 
alteration and for operation and maintenance, including debt payment, 
leasing, minor construction, principal and interest charges, and 
insurance premiums, as authorized by law, as follows: for Construction, 
$228,885,000, to remain available until September 30, 1998; for 
Operation and maintenance, and for debt payment, $1,069,601,000; in all 
$1,298,486,000.

                  Family Housing, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension and alteration and for operation and maintenance, including 
debt payment, leasing, minor construction, principal and interest 
charges, and insurance premiums, as authorized by law, as follows: for 
Construction, $370,208,000, to remain available until September 30, 
1998; for Operation and maintenance, and for debt payment, $772,055,000; 
in all $1,142,263,000: Provided, That of the funds appropriated for 
``Family Housing, Navy and Marine Corps'' under Public Law 101-148, 
$14,100,000 is hereby rescinded: Provided further, That of the funds 
appropriated for ``Family Housing, Navy and Marine Corps'' under Public 
Law 101-519, $25,018,000 is hereby rescinded: Provided further, That of 
the funds appropriated for ``Family Housing, Navy and Marine Corps'' 
under Public Law 102-380, $1,253,000 is hereby rescinded.

                        Family Housing, Air Force

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension and 
alteration and for operation and maintenance, including debt payment, 
leasing, minor construction, principal and interest charges, and 
insurance premiums, as authorized by law, as follows: for Construction, 
$187,035,000, to remain available until September 30, 1998; for 
Operation and maintenance, and for debt payment, $790,912,000; in all 
$977,947,000: Provided, That of the funds appropriated for ``Family 
Housing, Air Force'' under Public Law 102-136, $6,400,000 is hereby 
rescinded: Provided further, That of the funds appropriated for ``Family 
Housing, 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 acquisition, replacement, addition, expansion, 
extension and alteration, 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, $26,337,000; in all 
$26,496,000.

                   Homeowners Assistance Fund, Defense

    For use in the Homeowners Assistance Fund established 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), $12,830,000, 
to remain available for obligation until September 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 
Department's $1,800,000,000 cost estimate for military construction and 
family housing related to the Base Realignment and Closure Program to be 
exceeded.

              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), $1,526,310,000, to remain 
available until expended: Provided, 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), $1,144,000,000, to remain 
available 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 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 specific 
approval in writing of the Secretary of Defense setting forth the 
reasons therefor.
    Sec. 102. Funds appropriated to the Department of Defense for 
construction shall be available for hire of passenger 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 Transportation, 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 or the Naval Facilities Engineering Command, except (a) 
where there is a determination of value by a Federal 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) 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 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 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 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 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 Construction 
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 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 
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 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 available 
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 appropriations 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 appropriations, unobligated balances of 
such appropriations may be transferred 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 
appropriation 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 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 providing 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 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. 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 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 REGARDING NOTICE.
    (a) Purchase of American-Made Equipment and Products.--In the case 
of any equipment or products 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 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, suspension, 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 Appropriations 
Act, 1994''.







                                Speaker of the House of Representatives.







                             Vice President of the United States and    
                                                President of the Senate.