[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 2446 Enrolled Bill (ENR)]
H.R.2446
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
Making appropriations for military construction for the Department of
Defense
for the fiscal year ending September 30, 1994, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1994, for
military construction functions administered by the Department of
Defense, and for other purposes, namely:
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Army as currently authorized by law, including
personnel in the Army Corps of Engineers and other personal services
necessary for the purposes of this appropriation, and for construction
and operation of facilities in support of the functions of the Commander
in Chief, $906,676,000, to remain available until September 30, 1998:
Provided, That of this amount, not to exceed $109,441,000 shall be
available for study, planning, design, architect and engineer services,
as authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of his
determination and the reasons therefor: Provided further, That of the
funds appropriated for ``Military Construction, Army'' under Public Law
102-136, $4,700,000 is hereby rescinded: Provided further, That of the
funds appropriated for ``Military Construction, Army'' under Public Law
102-380, $9,200,000 is hereby rescinded.
Military Construction, Navy
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy as currently authorized by law, including
personnel in the Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation, $681,373,000,
to remain available until September 30, 1998: Provided, That of this
amount, not to exceed $64,373,000 shall be available for study,
planning, design, architect and engineer services, as authorized by law,
unless the Secretary of Defense determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of his determination and the
reasons therefor: Provided further, That of the funds appropriated for
``Military Construction, Navy'' under Public Law 101-148, $7,662,000 is
hereby rescinded: Provided further, That of the funds appropriated for
``Military Construction, Navy'' under Public Law 101-519, $14,406,000 is
hereby rescinded: Provided further, That of the funds appropriated for
``Military Construction, Navy'' under Public Law 102-136, $62,899,000 is
hereby rescinded: Provided further, That of the funds appropriated for
``Military Construction, Navy'' under Public Law 102-380, $37,660,000 is
hereby rescinded.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Air Force as currently authorized by law,
$1,021,567,000, to remain available until September 30, 1998: Provided,
That of this amount, not to exceed $63,882,000 shall be available for
study, planning, design, architect and engineer services, as authorized
by law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of his determination and
the reasons therefor: Provided further, That of the funds appropriated
for ``Military Construction, Air Force'' under Public Law 101-148,
$8,315,000 is hereby rescinded: Provided further, That of the funds
appropriated for ``Military Construction, Air Force'' under Public Law
101-519, $6,550,000 is hereby rescinded: Provided further, That of the
funds appropriated for ``Military Construction, Air Force'' under Public
Law 102-136, $12,980,000 is hereby rescinded: Provided further, That of
the funds appropriated for ``Military Construction, Air Force'' under
Public Law 102-380, $2,250,000 is hereby rescinded.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and real
property for activities and agencies of the Department of Defense (other
than the military departments), as currently authorized by law,
$562,008,000, to remain available until September 30, 1998: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction as he may
designate, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to which
transferred: Provided further, That of the amount appropriated, not to
exceed $44,405,000 shall be available for study, planning, design,
architect and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of his determination and the
reasons therefor: Provided further, That of the funds appropriated for
``Military Construction, Defense Agencies'' under Public Law 102-136,
$15,500,000 is hereby rescinded.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
National Guard, and contributions therefor, as authorized by chapter 133
of title 10, United States Code, and military construction authorization
Acts, $302,719,000, to remain available until September 30, 1998.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter 133
of title 10, United States Code, and military construction authorization
Acts, $247,491,000, to remain available until September 30, 1998.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
Reserve as authorized by chapter 133 of title 10, United States Code,
and military construction authorization Acts, $102,040,000, to remain
available until September 30, 1998.
Military Construction, Naval Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by chapter
133 of title 10, United States Code, and military construction
authorization Acts, $25,029,000, to remain available until September 30,
1998.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 133 of title 10, United States
Code, and military construction authorization Acts, $74,486,000, to
remain available until September 30, 1998.
North Atlantic Treaty Organization Infrastructure
For the United States share of the cost of North Atlantic Treaty
Organization Infrastructure programs for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized in
military construction Acts and section 2806 of title 10, United States
Code, $140,000,000, to remain available until expended.
Family Housing, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension and
alteration and for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges, and
insurance premiums, as authorized by law, as follows: for Construction,
$228,885,000, to remain available until September 30, 1998; for
Operation and maintenance, and for debt payment, $1,069,601,000; in all
$1,298,486,000.
Family Housing, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension and alteration and for operation and maintenance, including
debt payment, leasing, minor construction, principal and interest
charges, and insurance premiums, as authorized by law, as follows: for
Construction, $370,208,000, to remain available until September 30,
1998; for Operation and maintenance, and for debt payment, $772,055,000;
in all $1,142,263,000: Provided, That of the funds appropriated for
``Family Housing, Navy and Marine Corps'' under Public Law 101-148,
$14,100,000 is hereby rescinded: Provided further, That of the funds
appropriated for ``Family Housing, Navy and Marine Corps'' under Public
Law 101-519, $25,018,000 is hereby rescinded: Provided further, That of
the funds appropriated for ``Family Housing, Navy and Marine Corps''
under Public Law 102-380, $1,253,000 is hereby rescinded.
Family Housing, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension and
alteration and for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges, and
insurance premiums, as authorized by law, as follows: for Construction,
$187,035,000, to remain available until September 30, 1998; for
Operation and maintenance, and for debt payment, $790,912,000; in all
$977,947,000: Provided, That of the funds appropriated for ``Family
Housing, Air Force'' under Public Law 102-136, $6,400,000 is hereby
rescinded: Provided further, That of the funds appropriated for ``Family
Housing, Air Force'' under Public Law 102-380, $48,702,000 is hereby
rescinded.
Family Housing, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
construction, including acquisition, replacement, addition, expansion,
extension and alteration, and for operation and maintenance, leasing,
and minor construction, as authorized by law, as follows: for
Construction, $159,000, to remain available for obligation until
September 30, 1998; for Operation and maintenance, $26,337,000; in all
$26,496,000.
Homeowners Assistance Fund, Defense
For use in the Homeowners Assistance Fund established pursuant to
section 1013(d) of the Demonstration Cities and Metropolitan Development
Act of 1966, as amended (42 U.S.C. 3374), $151,400,000, to remain
available until expended.
Base Realignment and Closure Account, Part I
For deposit into the Department of Defense Base Closure Account
established by section 207(a)(1) of the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100-526), $12,830,000,
to remain available for obligation until September 30, 1995: Provided,
That none of these funds may be obligated for base realignment and
closure activities under Public Law 100-526 which would cause the
Department's $1,800,000,000 cost estimate for military construction and
family housing related to the Base Realignment and Closure Program to be
exceeded.
Base Realignment and Closure Account, Part II
For deposit into the Department of Defense Base Closure Account 1990
established by section 2906(a)(1) of the Department of Defense
Authorization Act, 1991 (Public Law 101-510), $1,526,310,000, to remain
available until expended: Provided, That not less than $262,300,000 of
the funds appropriated herein shall be available solely for
environmental restoration.
Base Realignment and Closure Account, Part III
For deposit into the Department of Defense Base Closure Account 1990
established by section 2906(a)(1) of the Department of Defense
Authorization Act, 1991 (Public Law 101-510), $1,144,000,000, to remain
available until expended: Provided, That such funds will be available
only to the extent an official budget request is transmitted to the
Congress: Provided further, That not less than $300,000,000 of the funds
appropriated herein shall be available solely for environmental
restoration.
GENERAL PROVISIONS

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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.

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construction shall be available for hire of passenger motor vehicles.

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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.

ddd4393284a3faa1b6accdf815f03da7a4fd934ad3e47d348b7272f0f209342a

begin construction of new bases inside the continental United States for
which specific appropriations have not been made.

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Appropriations Acts shall be used for purchase of land or land easements
in excess of 100 per centum of the value as determined by the Army Corps
of Engineers or the Naval Facilities Engineering Command, except (a)
where there is a determination of value by a Federal court, or (b)
purchases negotiated by the Attorney General or his designee, or (c)
where the estimated value is less than $25,000, or (d) as otherwise
determined by the Secretary of Defense to be in the public interest.

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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.

cf4b83a548b4d766ed1be990d1989e64ad216d99dc60f5cfd13890168d89ed7a

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.

25f5d6a4808a127f34f69c0733afaaf4a6a78613c309b2f280b61eac89e9d3c4

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.

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for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.

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Appropriations Acts may be used to initiate a new installation overseas
without prior notification to the Committees on Appropriations.

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Appropriations Acts may be obligated for architect and engineer
contracts estimated by the Government to exceed $500,000 for projects to
be accomplished in Japan or in any NATO member country, unless such
contracts are awarded to United States firms or United States firms in
joint venture with host nation firms.

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Appropriations Acts for military construction in the United States
territories and possessions in the Pacific and on Kwajalein Atoll may be
used to award any contract estimated by the Government to exceed
$1,000,000 to a foreign contractor: Provided, That this section shall
not be applicable to contract awards for which the lowest responsive and
responsible bid of a United States contractor exceeds the lowest
responsive and responsible bid of a foreign contractor by greater than
20 per centum.

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Appropriations and the Committees on Armed Services of the plans and
scope of any proposed military exercise involving United States
personnel thirty days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to exceed
$100,000.
(transfer of funds)

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Management Account established pursuant to section 2831 of title 10,
United States Code, as well as any additional amounts which would
otherwise be transferred to the Military Family Housing Management
Account, shall be transferred to the appropriations for Family Housing,
as determined by the Secretary of Defense, based on the sources from
which the funds were derived, and shall be available for the same
purposes, and for the same time period, as the appropriation to which
they have been transferred.

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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)

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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.

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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.

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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.

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maintenance of Family Housing, no more than $13,000,000 may be obligated
for contract cleaning of family housing units.
(transfer of funds)

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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.

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Appropriations of the Senate and the House of Representatives with an
annual report by February 15, containing details of the specific actions
proposed to be taken by the Department of Defense during the current
fiscal year to encourage other member nations of the North Atlantic
Treaty Organization and Japan and Korea to assume a greater share of the
common defense burden of such nations and the United States.

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Secretary of the Army shall transfer, no later than September 30, 1994,
without reimbursement or transfer of funds, to the Architect of the
Capitol, a portion of the real property, including improvements thereon,
consisting of not more than 100 acres located at Fort George G. Meade in
Anne Arundel County, Maryland, as determined under subsection (c).
(b) The Architect of the Capitol shall, upon completion of the
survey performed pursuant to subsection (c) and the transfer effected
pursuant to subsection (a), utilize the transferred property to provide
facilities to accommodate the varied long-term storage and service needs
of the Library of Congress and other Legislative Branch agencies.
(c) The exact acreage and legal description of the property to be
transferred under this section shall be determined by a survey
satisfactory to the Architect of the Capitol and the Secretary of the
Army, and in consultation with officials of Anne Arundel County,
Maryland.
(d) Any real property and improvements thereon transferred pursuant
to this section shall be under the jurisdiction of the Architect of the
Capitol, subject to the rules and regulations providing for the use of
such property as may be approved by the House Office Building Commission
and the Senate Committee on Rules and Administration: Provided, That any
existing improvements made available by the Architect to the Librarian
of Congress, under the direction of the Joint Committee on the Library,
or hereafter erected upon such real property pursuant to law for the
purposes of providing for the long-term storage and service needs of the
Library of Congress shall be subject to the provisions of sections 136,
141 and 167 to 167j of title 2, United States Code.
(e) Portions of the real property and any improvements thereon
transferred pursuant to this section that are not determined to be
immediately required for storage or service needs by the Architect are
authorized to be leased temporarily to the Secretary of the Army:
Provided, That nominal lease payments made by the Secretary of the Army
shall be credited to the appropriation ``Architect of the Capitol,
Library Buildings and Grounds, Structural and Mechanical Care, No
Year''.
(f) There are authorized to be appropriated to the Architect of the
Capitol such sums as may be necessary to carry out the provisions of
this section.

1d3a08a5dd0870ab4729e3ed22dd26e1f219c28d62b6cc830c04457a22ab2f01

section 2840 of the National Defense Authorization Act for Fiscal Years
1992 and 1993 (Public Law 102-190) are appropriated and shall be
available for the purposes authorized in that section.

a76c21f084a2485eaaa372916f28003eeddf485722d49eb63036d99138755c19

Act may be used for the purposes of establishing any criminal detention
or rehabilitation facility or program at Fort George Meade, Maryland.

5be59f6c3da8ec69d91f3ad9337c41ba0b4db2be7cf8de9c5ae39a8ea185fe32

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'').

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(a) Purchase of American-Made Equipment and Products.--In the case
of any equipment or products that may be authorized to be purchased with
financial assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in expending
the assistance, purchase only American-made equipment and products.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary of the Treasury shall provide
to each recipient of the assistance a notice describing the statement
made in subsection (a) by the Congress.

4eb2112e87cc6cf513a566945ee22962a0dc9e3904bb469e68a6ca1ca8b7f163

If it has been finally determined by a court or Federal agency that
any person intentionally affixed a fraudulent label bearing a ``Made in
America'' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that was not made in the
United States, such person shall be ineligible to receive any contract
or subcontract made with funds provided pursuant to this Act, pursuant
to the debarment, suspension, and ineligibility procedures described in
section 9.400 through 9.409 of title 48, Code of Federal Regulations.
This Act may be cited as the ``Military Construction Appropriations
Act, 1994''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Appropriations bill FY94, Military Construction — HR. 2446

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