[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2465 Public Print (PP)]
1st Session
H. R. 2465
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 1999
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, 2000, 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 military construction, family housing, and
base realignment and closure functions administered by the Department
of Defense, for the fiscal year ending September 30, 2000, 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, $1,223,405,000, to remain
available until September 30, 2004: Provided, That of this amount, not
to exceed $87,205,000 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, $968,862,000, to remain available until September 30,
2004: Provided, That of this amount, not to exceed $65,010,000 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, $752,367,000, to remain available until September 30, 2004:
Provided, That of this amount, not to exceed $32,104,000 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 currently authorized by law,
$755,718,000, to remain available until September 30, 2004: 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 $33,324,000 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, $135,129,000, to remain available until September
30, 2004.</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, $180,870,000, to remain available until September
30, 2004.</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, $92,515,000, to
remain available until September 30, 2004.</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, $21,574,000, to remain available until September
30, 2004.</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, $66,549,000,
to remain available until September 30, 2004.</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, $81,000,000, 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, $89,200,000, to remain available until September 30,
2004; for Operation and Maintenance, and for debt payment,
$1,089,812,000; in all $1,179,012,000.</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, $312,559,000, to remain available until
September 30, 2004; for Operation and Maintenance, and for debt
payment, $895,070,000; in all $1,207,629,000.</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, $344,996,000, to remain available until September 30,
2004; for Operation and Maintenance, and for debt payment,
$821,892,000; in all $1,166,888,000.</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, $50,000, to remain available until September
30, 2004; for Operation and Maintenance, $41,440,000; in all
$41,490,000.</DELETED>
<DELETED>Department of Defense Family Housing Improvement
Fund</DELETED>
<DELETED> For the Department of Defense Family Housing Improvement
Fund, $2,000,000, to remain available until expended, as the sole
source of funds for planning, administrative, and oversight costs
relating to family housing initiatives undertaken pursuant to 10 U.S.C.
2883, pertaining to alternative means of acquiring and improving
military family housing, and supporting facilities.</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), $705,911,000, to
remain available until expended: Provided, That not more than
$360,073,000 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; (2) purchases negotiated by the Attorney General or his
designee; (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 30 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 2 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 5-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. Subject to 30 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> Sec. 124. (a) Not later than 60 days before issuing any
solicitation for a contract with the private sector for military family
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 Armed Services and the
Military Construction Subcommittee, Committee on Appropriations
of the House of Representatives.</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 126. Notwithstanding this or any other provision of
law, funds appropriated in Military Construction Appropriations Acts
for operations and maintenance of family housing shall be the exclusive
source of funds for repair and maintenance of flag and general officer
quarters: Provided, That not more than $15,000 per unit may be spent
annually for the maintenance and repair of any general or flag officers
quarters without thirty days advance prior notification of the
appropriate committees of Congress: Provided further, That out-of-cycle
notifications are prohibited with the exception of those justified by
emergency or safety-related items: Provided further, That the Under
Secretary of Defense (Comptroller) is to report on a quarterly basis to
the appropriate committees of Congress all operations and maintenance
expenditures for each individual flag and general officer
quarters.</DELETED>
<DELETED> Sec. 127. The first proviso under the heading ``MILITARY
CONSTRUCTION TRANSFER FUND'' in chapter 6 of title II of the 1999
Emergency Supplemental Appropriations Act (Public Law 106-31) is
amended by inserting ``and to the North Atlantic Treaty Organization
Security Investment Program as provided in section 2806 of title 10,
United States Code'' after ``to military construction
accounts''.</DELETED>
<DELETED> Sec. 128. Notwithstanding any other provisions in this
Act, the following accounts are hereby reduced by the specified
amounts--</DELETED>
<DELETED> ``Military Construction, Army'',
$38,253,000;</DELETED>
<DELETED> ``Military Construction, Navy'',
$30,277,000;</DELETED>
<DELETED> ``Military Construction, Air Force'',
$23,511,000;</DELETED>
<DELETED> ``Military Construction, Defense-wide'',
$23,616,000;</DELETED>
<DELETED> ``Military Construction, Army National Guard'',
$4,223,000;</DELETED>
<DELETED> ``Military Construction, Air National Guard'',
$5,652,000;</DELETED>
<DELETED> ``Military Construction, Army Reserve'',
$2,891,000;</DELETED>
<DELETED> ``Military Construction, Naval Reserve'',
$674,000; and</DELETED>
<DELETED> ``Military Construction, Air Force Reserve'',
$2,080,000.</DELETED>
<DELETED> Sec. 129. The Army, Navy, Marine Corps, and Air Force are
directed to submit to the appropriate committees of the Congress by
June 1, 2000, a Family Housing Master Plan demonstrating how they plan
to meet the year 2010 housing goals with traditional construction,
operation and maintenance support, as well as privatization initiative
proposals. Each plan shall include projected life cycle costs for
family housing construction, basic allowance for housing, operation and
maintenance, other associated costs, and a time line for housing
completions each year.</DELETED>
<DELETED> This Act may be cited as the ``Military Construction
Appropriations Act, 2000''.</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, 2000,
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, $1,067,422,000, to remain
available until September 30, 2004: Provided, That of this amount, not
to exceed $86,414 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, $884,883,000, to remain available until September 30,
2004: Provided, That of this amount, not to exceed $66,581,000 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, $783,710,000, to remain available until September 30, 2004:
Provided, That of this amount, not to exceed $32,764,000 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,
$770,690,000, to remain available until September 30, 2004: 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 $38,664,000 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 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $226,734,000, to remain available until September
30, 2004.
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
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $238,545,000, to remain available until September
30, 2004.
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 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $105,817,000, to
remain available until September 30, 2004.
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 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $31,475,000, to remain available until September
30, 2004.
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 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $35,864,000, to
remain available until September 30, 2004.
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, $100,000,000, 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,
$60,900,000, to remain available until September 30, 2004; for
Operation and Maintenance, and for debt payment, $1,098,080,000; in all
$1,158,980,000.
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, $298,354,000, to remain available until September 30,
2004; for Operation and Maintenance, and for debt payment,
$895,070,000; in all $1,193,424,000.
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,
$335,034,000, to remain available until September 30, 2004; for
Operation and Maintenance, and for debt payment, $821,892,000; in all
$1,156,926,000.
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, $50,000, to remain available until September 30, 2004;
for Operation and Maintenance, $41,440,000; in all $41,490,000.
Family Housing Revitalization Transfer Fund
(including transfer of fund)
Notwithstanding any other provision of law, for expenses related to
improvements to existing family housing; $25,000,000, to remain
available until expended: Provided, That the Secretary of Defense may
transfer these funds only to family housing accounts, within this
title: Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for the same
period, as the appropriation to which transferred: Provided further,
That the funds shall not be transferred to the Department of Defense
Family Housing Improvement Fund.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$25,000,000, to remain available until expended, as the sole source of
funds for planning, administrative, and oversight costs incurred by the
Housing Revitalization Support Office relating to military family
housing initiatives undertaken pursuant to 10 U.S.C. 2883, pertaining
to alternative means of acquiring and improving military family housing
and supporting facilities.
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), $705,911,000, 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 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.
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 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;
(2) purchases negotiated by the Attorney General or his designee; (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 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.
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 30 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 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 2 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 5-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.
Sec. 121. 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. 122. (a) Not later than 60 days before issuing any
solicitation for a contract with the private sector for military family
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 Armed Services and the Military
Construction Subcommittee, Committee on Appropriations of the
House of Representatives.
(transfer of funds)
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.
Sec. 124. None of the funds appropriated in this Act or any other
Acts may be used for repair and maintenance of any flag and general
officer quarters in excess of $25,000 without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 125. With the exception of budget authority for ``North
Atlantic Treaty Organization Security Investment Program'', ``Family
Housing, Army'' for operation and maintenance, ``Family Housing, Navy
and Marine Corps'' for operation and maintenance, ``Family Housing, Air
Force'' for operation and maintenance and ``Family Housing, Defense-
Wide'' for operation and maintenance, each amount of budget authority
for the fiscal year ending September 30, 2000, provided in this Act, is
hereby reduced by five per centum: Provided, That such reduction shall
be applied ratably to each account, program, activity, and project
provided for in this Act.
Sec. 126. Not later than April 30, 2000, the Secretary of Defense
shall submit to the congressional defense committees a report examining
the adequacy of special education facilities and services available to
the dependent children of uniformed personnel stationed in the United
States. The report shall identify the following:
(1) The schools on military installations in the United
States that are operated by the Department of Defense, other
entities of the Federal government, or local school districts.
(2) School districts in the United States that have
experienced an increase in enrollment of 20 percent or more in
the past five years resulting from base realignments or
consolidations.
(3) The impact of increased special education requirements
on student populations, student-teacher ratios, and financial
requirements in school districts supporting installations
designated by the military departments as compassionate
assignment posts.
(4) The adequacy of special education services and
facilities for dependent children of uniformed personnel within
the United States, particularly at compassionate assignment
posts.
(5) Corrective measures that are needed to adequately
support the special education needs of military families,
including such improvements as the renovation of existing
schools or the construction of new schools.
(6) An estimate of the cost of needed improvements, and a
recommended source of funding within the Department of Defense.
Sec. 127. The first proviso under the heading ``MILITARY
CONSTRUCTION TRANSFER FUND'' in chapter 6 of title II of the 1999
Emergency Supplemental Appropriations Act (Public Law 106-31) is
amended by inserting ``and to the North Atlantic Treaty Organization
Security Investment Program as provided in section 2806 of title 10,
United States Code'' after ``to military construction accounts''.
Sec. 128. (a) Notwithstanding any other provision of law, no funds
appropriated or otherwise made available by this Act may be used to
carry out conveyance of land at the former Fort Sheridan, Illinois,
unless such conveyance is consistent with a regional agreement among
the communities and jurisdictions in the vicinity of Fort Sheridan and
in accordance with section 2862 of the 1996 Defense Authorization Act
(division B of Public Law 104-106; 110 Stat. 573).
(b) The land referred to in paragraph (a) is a parcel of real
property, including any improvements thereon, located at the former
Fort Sheridan, Illinois, consisting of approximately 14 acres, and
known as the northern Army Reserve enclave area, that is covered by the
authority in section 2862 of the 1996 Defense Authorization Act and has
not been conveyed pursuant to that authority as to the date of
enactment of this Act.
Sec. 129. (a) Notwithstanding any other provision of law, no funds
appropriated or otherwise made available by this Act or any other Act
may be obligated or expended for any purpose relating to the
construction at Bluegrass Army Depot, Kentucky, of any facility
employing a specific technology for the demilitarization of assembled
chemical munitions until the date on which the Secretary of Defense
submits to the Committees on Appropriations of the Senate and House of
Representatives a report on the results of the completed demonstration
of the six alternatives to baseline incineration for the destruction of
chemical agents and munitions as identified by the Program Evaluation
Team of the Assembled Chemical Weapons Assessment program.
(b) In order to provide funding for the completion of the
demonstration of alternatives referred to in subsection (a), the
Secretary shall utilize the authority in section 8127 of the Department
of Defense Appropriations Act, 1999 (Public Law 105-262; 112 Stat.
2333) in accordance with the provisions of that section.
This Act may be cited as the ``Military Construction Appropriations
Act, 2000''.
Passed the House of Representatives July 13, 1999.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate July 14, 1999.
Attest:
GARY SISCO,
Secretary.
106th CONGRESS
1st Session
H. R. 2465
_______________________________________________________________________
AMENDMENT