[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4059 Public Print (PP)]

  2d Session
                                H. R. 4059


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 1998

    Ordered to be printed with the amendments of the Senate numbered

_______________________________________________________________________

                                 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, 1999, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, (1)<DELETED>That the 
following sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the fiscal year ending September 30, 1999, 
for military construction, family housing, and base realignment and 
closure functions administered by the Department of Defense, and for 
other purposes, namely:

             <DELETED>Military Construction, Army</DELETED>

<DELETED>    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, $780,599,000, to remain available 
until September 30, 2003: Provided, That of this amount, not to exceed 
$63,792,000 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.</DELETED>

             <DELETED>Military Construction, Navy</DELETED>

<DELETED>    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, $570,643,000, to remain available until September 30, 
2003: Provided, That of this amount, not to exceed $60,346,000 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.</DELETED>

          <DELETED>Military Construction, Air Force</DELETED>

<DELETED>    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, $550,475,000, to remain available until September 30, 2003: 
Provided, That of this amount, not to exceed $37,592,000 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.</DELETED>

         <DELETED>Military Construction, Defense-wide</DELETED>

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

<DELETED>    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 authorized by law, 
$611,075,000, to remain available until September 30, 2003: 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 $24,866,000 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.</DELETED>

     <DELETED>Military Construction, Army National Guard</DELETED>

<DELETED>    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 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $70,338,000, to remain available until September 
30, 2003.</DELETED>

      <DELETED>Military Construction, Air National Guard</DELETED>

<DELETED>    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 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $97,701,000, to remain available until September 
30, 2003.</DELETED>

         <DELETED>Military Construction, Army Reserve</DELETED>

<DELETED>    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $71,894,000, to 
remain available until September 30, 2003.</DELETED>

        <DELETED>Military Construction, Naval Reserve</DELETED>

<DELETED>    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 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $33,721,000, to remain available until September 
30, 2003.</DELETED>

      <DELETED>Military Construction, Air Force Reserve</DELETED>

<DELETED>    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and administration of the 
Air Force Reserve as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization Acts, $35,371,000, 
to remain available until September 30, 2003.</DELETED>

         <DELETED>North Atlantic Treaty Organization</DELETED>

             <DELETED>Security Investment Program</DELETED>

<DELETED>    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, $169,000,000, to remain available 
until expended.</DELETED>

                <DELETED>Family Housing, Army</DELETED>

<DELETED>    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, $82,840,000, to remain available until September 30, 
2003; for Operation and Maintenance, and for debt payment, 
$1,097,697,000; in all $1,180,537,000.</DELETED>

        <DELETED>Family Housing, Navy and Marine Corps</DELETED>

<DELETED>    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, $130,457,000, to remain available until 
September 30, 2003; for Operation and Maintenance, and for debt 
payment, $915,293,000; in all $1,045,750,000.</DELETED>

              <DELETED>Family Housing, Air Force</DELETED>

<DELETED>    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, $207,880,000, to remain available until September 30, 
2003; for Operation and Maintenance, and for debt payment, 
$785,204,000; in all $993,084,000.</DELETED>

            <DELETED>Family Housing, Defense-wide</DELETED>

<DELETED>    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, $345,000, to remain available until 
September 30, 2003; for Operation and Maintenance, $36,899,000; in all 
$37,244,000.</DELETED>

       <DELETED>Department of Defense Family Housing Improvement 
                             Fund</DELETED>

<DELETED>    For the Department of Defense Family Housing Improvement 
Fund, $242,438,000, to remain available until expended: Provided, That 
of this amount, not to exceed $7,000,000 shall be the sole source of 
funds available during the current fiscal year for planning, 
administrative, and oversight costs incurred by the Housing 
Revitalization Support Office relating to military family housing 
initiatives and military unaccompanied housing initiatives pursuant to 
10 U.S.C. 2883, pertaining to alternative means of acquiring and 
improving military family housing, military unaccompanied housing, and 
supporting facilities.</DELETED>

         <DELETED>Homeowners Assistance Fund, Defense</DELETED>

<DELETED>    For activities authorized by section 1013(d) of the 
Demonstration Cities and Metropolitan Development Act of 1966, as 
amended (42 U.S.C. 3374), $7,500,000, to remain available until 
expended.</DELETED>

   <DELETED>Base Realignment and Closure Account, Part III</DELETED>

<DELETED>    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), $433,464,000, to 
remain available until expended: Provided, That not more than 
$271,800,000 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.</DELETED>

    <DELETED>Base Realignment and Closure Account, Part IV</DELETED>

<DELETED>    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), $1,297,240,000, 
to remain available until expended: Provided, That not more than 
$426,036,000 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.</DELETED>

                 <DELETED>General Provisions</DELETED>

<DELETED>    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 construction, 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.</DELETED>
<DELETED>    Sec. 102. Funds appropriated to the Department of Defense 
for construction shall be available for hire of passenger motor 
vehicles.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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 percent 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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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 percent: 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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 114. Not more than 20 percent 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.</DELETED>

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

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

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

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

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

<DELETED>    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>
<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. (a) Subject to thirty days prior notification to 
the Committees on Appropriations, such additional amounts as may be 
determined by the Secretary of Defense may be transferred to the 
Department of Defense Family Housing Improvement Fund from amounts 
appropriated for construction in ``Family Housing'' accounts, to be 
merged with and to be available for the same purposes and for the same 
period of time as amounts appropriated directly to the Fund: Provided, 
That appropriations made available to the Fund shall be available to 
cover the costs, as defined in section 502(5) of the Congressional 
Budget Act of 1974, of direct loans or loan guarantees issued by the 
Department of Defense 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 and supporting 
facilities.</DELETED>
<DELETED>     (b) Subject to thirty days prior notification to the 
Committees on Appropriations, such additional amounts as may be 
determined by the Secretary of Defense may be transferred to the 
Department of Defense Military Unaccompanied Housing Improvement Fund 
from amounts appropriated for the acquisition or construction of 
military unaccompanied housing in ``Military Construction'' accounts, 
to be merged with and to be available for the same purposes and for the 
same period of time as amounts appropriated directly to the Fund: 
Provided, That appropriations made available to the Fund shall be 
available to cover the costs, as defined in section 502(5) of the 
Congressional Budget Act of 1974, of direct loans or loan guarantees 
issued by the Department of Defense pursuant to the provisions of 
subchapter IV of chapter 169, title 10, United States Code, pertaining 
to alternative means of acquiring and improving military unaccompanied 
housing and ancillary supporting facilities.</DELETED>
<DELETED>    Sec. 124. (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).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (A) the closure or realignment of the installation 
        for which housing is provided under the contract;</DELETED>
        <DELETED>    (B) a reduction in force of units stationed at 
        such installation; or</DELETED>
        <DELETED>    (C) the extended deployment overseas of units 
        stationed at such installation.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) In this section, the term ``congressional defense 
committees'' means the following:</DELETED>
        <DELETED>    (1) The Committee on Armed Services and the 
        Military Construction Subcommittee, Committee on Appropriations 
        of the Senate.</DELETED>
        <DELETED>    (2) The Committee on National Security and the 
        Military Construction Subcommittee, Committee on Appropriations 
        of the House of Representatives.</DELETED>
<DELETED>    Sec. 125. Payments received by the Secretary of the Navy 
pursuant to subsection (b)(1) of section 2842 of the National Defense 
Authorization Act, 1993 (Public Law 102-484) are appropriated and shall 
be available for the purposes authorized in subsection (d) of that 
section.</DELETED>
<DELETED>    Sec. 126. It is the sense of the Congress that the 
Secretary of the Army should name the ``All American Parkway'' at Fort 
Bragg, North Carolina, as the ``W.G. `Bill' Hefner All American 
Parkway''.</DELETED>
<DELETED>    This Act may be cited as the ``Military Construction 
Appropriations Act, 1999''.</DELETED>
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for military construction, family 
housing, and base realignment and closure functions administered by the 
Department of Defense, for the fiscal year ending September 30, 1999, 
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, $810,476,000, to remain available 
until September 30, 2003: Provided, That of this amount, not to exceed 
$67,269,000 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, $559,250,000, to remain available until September 30, 
2003: Provided, That of this amount, not to exceed $62,146,000 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, $627,874,000, to remain available until September 30, 2003: 
Provided, That of this amount, not to exceed $39,522,000 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, 
$571,485,000, to remain available until September 30, 2003: 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 $25,066,000 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, $124,599,000, to remain available until September 
30, 2003.

               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, $163,161,000, to remain available until September 
30, 2003.

                  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, $114,349,000, to 
remain available until September 30, 2003.

                  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, $21,621,000, to remain available until September 
30, 2003.

                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, $22,835,000, to 
remain available until September 30, 2003.

                   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, $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, 
$124,490,000, to remain available until September 30, 2003; for 
Operation and Maintenance, and for debt payment, $1,104,733,000; in all 
$1,229,223,000.

                 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, $286,590,000, to remain available until September 30, 
2003; for Operation and Maintenance, and for debt payment, 
$915,293,000; in all $1,201,883,000.

                       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, 
$297,475,000, to remain available until September 30, 2003; for 
Operation and Maintenance, and for debt payment, $789,995,000; in all 
$1,087,470,000.

                      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, $345,000, to remain available until September 30, 2003; 
for Operation and Maintenance, $36,899,000; in all $37,244,000.

         Department of Defense Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement Fund, 
$7,000,000, to remain available until expended, for planning, 
administrative, and oversight costs incurred by the Housing 
Revitalization Support Office relating to military family housing 
initiatives and military unaccompanied housing initiatives pursuant to 
10 U.S.C. 2883, pertaining to alternative means of acquiring and 
improving military family housing, military unaccompanied housing, and 
supporting facilities.

                  Homeowners Assistance Fund, Defense

    For activities authorized by section 1013(d) of the Demonstration 
Cities and Metropolitan Development Act of 1966, as amended (42 U.S.C. 
3374), $12,800,000, to remain available until expended.

             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), $433,464,000, to remain 
available until expended: Provided, That not more than $271,800,000 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), $1,297,240,000, to remain 
available until expended: Provided, That not more than $426,036,000 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.

                          (transfer of funds)

    Sec. 121. Subject to thirty days prior notification to the 
Committees on Appropriations, such additional amounts as may be 
determined by the Secretary of Defense may be transferred to the 
Department of Defense Family Housing Improvement Fund from amounts 
appropriated for construction in ``Family Housing'' accounts, to be 
merged with and to be available for the same purposes and for the same 
period of time as amounts appropriated directly to the Fund: Provided, 
That appropriations made available to the Fund shall be available to 
cover the costs, as defined in section 502(5) of the Congressional 
Budget Act of 1974, of direct loans or loan guarantees issued by the 
Department of Defense 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 and supporting 
facilities.
    Sec. 122. 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 
Housing Revitalization Support Office 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. 123. None of the funds appropriated or made available by this 
Act may be obligated for Partnership for Peace Programs or to provide 
support for non-NATO countries.
    Sec. 124. (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 Military 
        Construction Subcommittee, Committee on Appropriations of the 
        Senate.
            (2) The Committee on National Security and the Military 
        Construction Subcommittee, Committee on Appropriations of the 
        House of Representatives.

                          (transfer of funds)

    Sec. 125. 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.
    Sec. 126. Payments received by the Secretary of the Navy pursuant 
to subsection (b)(1) of section 2842 of the National Defense 
Authorization Act, 1993 (Public Law 102-484) are appropriated and shall 
be available for the purpose authorized in subsection (d) of that 
section.
    Sec. 127. (a) Notwithstanding any other provision of this Act, the 
amount appropriated by this Act under the heading ``Military 
Construction, Army National Guard'' is hereby increased by $12,716,000.
    (b) Notwithstanding any other provision of this Act, the amount 
appropriated by this Act under the heading ``Military Construction, 
Army Reserve'' is hereby decreased by $12,716,000.
    Sec. 128. (a) Notwithstanding any other provision of this Act, the 
amount appropriated by the heading ``Military Construction, Navy'' is 
hereby increased by $5,780,000.
    (b) Notwithstanding any other provision of this Act, the amount 
appropriated by the heading ``Military Construction, Defense-Wide'' is 
hereby decreased by $11,000,000.
    (c) Notwithstanding any other provision of this Act--
            (1) the amount appropriated by the heading ``Family 
        Housing, Air Force'' is hereby increased by $5,220,000; and
            (2) the amount appropriated by that heading for 
        Construction is hereby increased by $5,220,000.
    This Act may be cited as the ``Military Construction Appropriations 
Act, 1999''.

            Passed the House of Representatives June 22, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

            Passed the Senate June 25, 1998.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.