[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2016 Reported in Senate (RS)]

                                                       Calendar No. 117

105th CONGRESS

  1st Session

                               H. R. 2016

                          [Report No. 105-52]

_______________________________________________________________________

                                 AN ACT

 Making appropriations for military construction, family housing, and 
  base realignment and closure for the Department of Defense for the 
     fiscal year ending September 30, 1998, and for other purposes.

_______________________________________________________________________

                              July 9, 1997

  Received; read twice and referred to the Committee on Appropriations

                             July 17, 1997

                        Reported with amendments
                                                       Calendar No. 117
105th CONGRESS
  1st Session
                                H. R. 2016

                          [Report No. 105-52]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 9, 1997

  Received; read twice and referred to the Committee on Appropriations

                             July 17, 1997

                 Reported by Mr. Burns, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 AN ACT


 
 Making appropriations for military construction, family housing, and 
  base realignment and closure for the Department of Defense for the 
     fiscal year ending September 30, 1998, 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, 1998, for 
military construction, family housing, and base realignment and closure 
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, <DELETED>$721,027,000 
</DELETED>$652,046,000, to remain available until September 30, 2002: 
Provided, That of this amount, not to exceed <DELETED>$71,577,000 
</DELETED>$77,646,000 shall be available for study, planning, design, 
architect and engineer services, and host nation support, 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, <DELETED>$685,306,000 </DELETED>$605,756,000, to remain 
available until September 30, 2002: Provided, That of this amount, not 
to exceed <DELETED>$46,659,000 </DELETED>$46,489,000 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, <DELETED>$662,305,000 </DELETED>$662,305,000, to remain 
available until September 30, 2002: Provided, That of this amount, not 
to exceed <DELETED>$45,880,000 </DELETED>$48,880,000 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, 
<DELETED>$613,333,000 </DELETED>$690,889,000, to remain available until 
September 30, 2002: 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 or family housing 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 
<DELETED>$34,350,000 </DELETED>$52,450,000 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, <DELETED>$45,098,000 </DELETED>$234,614,000, to 
remain available until September 30, 2002.

               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, <DELETED>$137,275,000 </DELETED>$185,115,000, to 
remain available until September 30, 2002.

                  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, 
<DELETED>$77,731,000 </DELETED>$96,079,000, to remain available until 
September 30, 2002.

                  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, <DELETED>$40,561,000 </DELETED>$21,111,000, to 
remain available until September 30, 2002.

                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, 
<DELETED>$27,143,000 </DELETED>$31,830,000, to remain available until 
September 30, 2002.

                   North Atlantic Treaty Organization

                      Security Investment Program

    For the United States share of the cost of the North Atlantic 
Treaty Organization Security Investment Program 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 authorization Acts and section 2806 of title 10, 
United States Code, <DELETED>$166,300,000 </DELETED>$152,600,000, 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, 
<DELETED>$202,131,000 </DELETED>$167,100,000, to remain available until 
September 30, 2002; for Operation and Maintenance, and for debt 
payment, <DELETED>$1,148,937,000 </DELETED>$1,149,937,000; in all 
<DELETED>$1,351,068,000 </DELETED>$1,317,037,000.

                 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, <DELETED>$409,178,000 </DELETED>$362,619,000, to remain 
available until September 30, 2002; for Operation and Maintenance, and 
for debt payment, $976,504,000; in all <DELETED>$1,385,682,000 
</DELETED>$1,339,123,000.

                       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, 
<DELETED>$341,409,000 </DELETED>$296,633,000, to remain available until 
September 30, 2002; for Operation and Maintenance, and for debt 
payment, $830,234,000; in all <DELETED>$1,171,643,000 
</DELETED>$1,126,867,000.

                      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, $4,950,000, to remain available until September 30, 2002; 
for Operation and Maintenance, $32,724,000; in all $37,674,000.

             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), $116,754,000, to remain 
available until expended: Provided, That not more than $105,224,000 of 
the funds appropriated herein shall be available solely for 
environmental restoration, 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.

             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), $768,702,000, to remain 
available until expended: Provided, That not more than $398,499,000 of 
the funds appropriated herein shall be available solely for 
environmental restoration, 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.

             Base Realignment and Closure Account, Part IV

    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), $1,175,398,000, to remain 
available until expended: Provided, That not more than $353,604,000 of 
the funds appropriated herein shall be available solely for 
environmental restoration, 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.

                           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: 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 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 (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) 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, 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 Pacific 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 
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: 
Provided further, That this section shall not apply to contract awards 
for military construction on Kwajalein Atoll for which the lowest 
responsive and responsible bid is submitted by a Marshallese 
contractor.
    Sec. 113. The Secretary of Defense is to inform the appropriate 
Committees of Congress, including the Committees on Appropriations, 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.
    Sec. 114. 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. 115. 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. 116. 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. 117. 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. 118. 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. 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 fiscal 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 Defense Authorization Act, 
1991, to be merged with, and to be available for the same purposes and 
the same time period as that account.
<DELETED>    Sec. 121. 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'').</DELETED>
<DELETED>    Sec. 122. (a) 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.</DELETED>
<DELETED>    (b) 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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 123. 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 Defense Authorization Act, 1991, to the 
fund established by section 1013(d) of the Demonstration Cities and 
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for 
expenses associated with the Homeowners Assistance Program. 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.</DELETED>
    Sec. 124. Notwithstanding any other provision of law, 
appropriations made available to the Department of Defense Family 
Housing Improvement Fund shall be the sole source of funds available 
for planning, administrative, and oversight costs incurred by the 
Department of Defense relating to military family housing initiatives 
and military unaccompanied housing initiatives undertaken pursuant to 
the provisions of subchapter IV of chapter 169, title 10, United States 
Code, pertaining to alternative means of acquiring and improving 
military family housing, military unaccompanied housing, and supporting 
facilities.
    Sec. 125. (a) In addition to any reductions required by this Act, 
the following funds are hereby reduced from the following accounts in 
this Act in the specified amounts--
            ``Military Construction, Army'', $2,000,000;
            ``Military Construction, Navy'', $3,000,000;
            ``Military Construction, Air Force'', $4,000,000;
            ``Military Construction, Defense-wide'', $5,000,000;
            ``NATO Security Investment Program'', $1,000,000;
            ``Base Realignment and Closure Account, Part III'', 
        $8,000,000;
            ``Base Realignment and Closure Account, Part IV'', 
        $8,000,000.
    (b) The reductions taken pursuant to subsection (a) shall be 
applied on a pro-rata basis by project and activity.
    Sec. 126. Notwithstanding any other provision of law, from the 
funds appropriated in this Act for Military Construction, Army, the 
Secretary of the Army is directed to complete, using an Unspecified 
Minor Construction project, the Special Forces (Diver) Training 
Facility at Key West Naval Air Station, Florida, as authorized in the 
Military Construction Authorization Act for Fiscal Years 1990 and 1991 
(Public Law 101-189).
    Sec. 127. (a) Lease of Property Authorized.--(1) Notwithstanding 
any other provision of law, the Secretary of the Navy (hereinafter 
referred to as the ``Secretary'') may lease, without monetary 
consideration, to the city and county of Honolulu (hereinafter referred 
to as the ``city'') a parcel of land consisting of approximately 300 
acres on Waipio Peninsula, Honolulu, Hawaii (hereinafter referred to as 
the ``parcel'').
    (b) Related Easement.--The Secretary may also grant, without 
monetary consideration, an easement on, over, under and across that 
certain real property known as Waipio Point Access Road for access to 
and operation of the parcel.
    (c) Term.--The term of the lease and easement authorized under this 
section shall be fifty (50) years.
    (d) Condition of Use.--The lease and easement authorized under 
subsections (a) and (b) shall be subject to the following conditions:
            (1) The city shall use the parcel for development and 
        operation of a public soccer park and related recreational 
        facilities, and for other civic and public purposes as may be 
        approved by the Secretary.
            (2) Facilities developed on the parcel shall be for public 
        use and benefit; however, usage fees may be charged to defray 
        facility operating and maintenance costs.
            (3) The city shall comply with all explosive safety 
        criteria affecting the city's use of the lease and easement 
        areas, as established by the Secretary in connection with the 
        explosive safety areas supporting the ordinance handling 
        wharves located at West Loch Branch, Naval Magazine, Lualualei, 
        Hawaii.
            (4) The city shall, at its own cost and to the satisfaction 
        of the Secretary, make any and all improvements to Waipio Point 
        Access Road which the city determines are necessary to provide 
        onstreet parking along said road, and adequate access to the 
        parcel, including, but not limited to, any necessary 
        appurtenant utility and drainage improvements. During the term 
        of said easement, the cost of maintenance, repair and 
        replacement of said road and improvements shall be borne by the 
        city.
            (5) The city shall install a non-potable irrigation water 
        delivery system to service the parcel, and in doing so, the 
        city shall size transmission lines capable of delivering 
        approximately 2.5 million additional gallons of irrigation 
        water per day to agricultural lands on Waipio Peninsula under 
        the control of the Secretary.
    (e) Termination.--If the Secretary determines at any time that the 
parcel is not being used for a purpose specified in subsection (d)(1), 
the lease and easement authorized under subsections (a) and (b) may be 
terminated, and all right, title, and interest in and to such real 
property, including any improvements thereon, shall revert to the 
United States, and the United States shall have the right of immediate 
entry thereon.
    (f) Effect of Expiration of Lease.--Unless otherwise specifically 
provided for in this section, at the end of the lease and easement 
term, the city shall either convey, without reimbursement, to the 
United States, all right, title, and interest of the city in and to the 
improvements subject to said lease and easement, or restore, to the 
extent practicable, the lease and easement areas to the satisfaction of 
the Secretary.
    (g) Description of Property.--The exact acreage and legal 
description of the property subject to this section shall be determined 
by a survey satisfactory to the Secretary. The cost of such survey 
shall be borne by the city.
    (h) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the lease and 
easement to be granted under this section as the Secretary considers 
appropriate to protect the interests of the United States.
    Sec. 128. (a) Not later than 60 days before issuing any 
solicitation for a contract with the private sector for military family 
housing or military unaccompanied housing, the Secretary of the 
military department concerned shall submit to the congressional defense 
committees the notice 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.
    (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 Defense 
        Subcommittee, Committee on Appropriations of the Senate.
            (2) The Committee on National Security and The National 
        Security Subcommittee, Committee on Appropriations of the House 
        of Representatives.
    This Act may be cited as the ``Military Construction Appropriations 
Act, 1998''.

            Passed the House of Representatives July 8, 1997.

            Attest:

                                                                 Clerk.