[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4453 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
                                H. R. 4453


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 25 (legislative day, May 16), 1994

  Received; read twice and referred to the Committee on Appropriations

_______________________________________________________________________

                                 AN ACT


 
 Making appropriations for military construction for the Department of 
 Defense for the fiscal year ending September 30, 1995, 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, 1995, 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, $623,511,000, to remain available 
until September 30, 1999: Provided, That of this amount, not to exceed 
$67,700,000 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.

                      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, $462,701,000, to remain available until September 30, 
1999: Provided, That of this amount, not to exceed $47,900,000 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.

                    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, $514,977,000, to remain available until September 30, 1999: 
Provided, That of this amount, not to exceed $55,900,000 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.

                  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, 
$467,169,000, to remain available until September 30, 1999: 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 $45,960,000 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.

               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, $134,235,000, to remain available until September 
30, 1999.

               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, $209,843,000, to remain available until September 
30, 1999.

                  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, $39,121,000, to 
remain available until September 30, 1999.

                  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, $12,348,000, to remain available until September 
30, 1999.

                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, $56,378,000, to 
remain available until September 30, 1999.

           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, $119,000,000, 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, 
$160,602,000, to remain available until September 30, 1999; for 
Operation and maintenance, and for debt payment, $1,121,208,000; in all 
$1,281,810,000.

                 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, $269,035,000, to remain available until September 30, 
1999; for Operation and maintenance, and for debt payment, 
$853,599,000; in all $1,122,634,000.

                       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, 
$276,482,000, to remain available until September 30, 1999; for 
Operation and maintenance, and for debt payment, $801,345,000 of which 
not more than $14,200,000 may be obligated for the acquisition of 
family housing units at Comiso AB, Italy; in all $1,077,827,000.

                      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, $350,000, to remain available for obligation until 
September 30, 1999; for Operation and maintenance, $29,031,000; in all 
$29,381,000.

              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), 
$87,600,000, 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: Provided further, That not less than 
$66,800,000 of the funds appropriated herein shall be available solely 
for environmental restoration.

             Base Realignment and Closure Account, Part II

                     (including transfer of funds)

    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), $265,700,000, to remain 
available until expended: Provided, That not less than $138,700,000 of 
the funds appropriated herein shall be available solely for 
environmental restoration: Provided further, That, in addition, not to 
exceed $133,000,000 may be transferred from ``Homeowners Assistance 
Fund, Defense'' to ``Base Realignment and Closure Account, Part II'', 
to be merged with, and to be available for the same purposes and the 
same time period as that account.

             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), $2,322,858,000, to remain 
available until expended: Provided, That not less than $302,700,000 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.

                          (transfer of funds)

    Sec. 119. 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. 120. 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.

                          (transfer of funds)

    Sec. 121. 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 Defense Authorization Act, 
1991, to be merged with, and to be available for the same purposes and 
the same time period as that account.
    Sec. 122. The second paragraph under the heading, ``Family Housing, 
Navy and Marine Corps'' in title XI of Public Law 102-368, is amended 
by inserting ``and the August 8, 1993 earthquake in Guam'' immediately 
after ``Typhoon Omar''.
    Sec. 123. (a) Of the budgetary resources available to the 
Department of Defense for military construction and family housing 
accounts during fiscal year 1995, $10,421,000 are permanently canceled.
    (b) The Secretary of Defense shall allocate the amount of budgetary 
resources canceled among the Department's military construction and 
family housing accounts available for procurement and procurement-
related expenses. Amounts available for procurement and procurement-
related expenses in each such account shall be reduced by the amount 
allocated to such account.
    (c) For the purposes of this section, the definition of 
``procurement'' includes all stages of the process of acquiring 
property or services, beginning with the process of determining a need 
for a product or services and ending with contract completion and 
closeout, as specified in 41 U.S.C. 403(2).

SEC. 124. 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. 125. 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. 126. 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 Approprations 
Act, 1995''.

            Passed the House of Representatives May 24, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.