[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4059 Enrolled Bill (ENR)]
H.R.4059
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
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, 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, $868,726,000, to remain available
until September 30, 2003: Provided, That of this amount, not to exceed
$64,269,000 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, $604,593,000, to remain available until September 30,
2003: Provided, That of this amount, not to exceed $60,846,000 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, $615,809,000, to remain available until September 30, 2003:
Provided, That of this amount, not to exceed $38,092,000 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,
$553,114,000, 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 $26,005,000 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.
Department of Defense Military Unaccompanied Housing Improvement Fund
(rescission of funds)
Of the funds appropriated for ``Department of Defense Military
Unaccompanied Housing Improvement Fund'' under Public Law 104-196,
$5,000,000 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 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $142,403,000, 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
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $169,801,000, 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 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $102,119,000, 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 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $31,621,000, 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 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $34,371,000, 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, $154,000,000, 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,
$135,290,000, to remain available until September 30, 2003; for
Operation and Maintenance, and for debt payment, $1,094,697,000; in all
$1,229,987,000.
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, $295,590,000, to remain available until September 30,
2003; for Operation and Maintenance, and for debt payment,
$912,293,000; in all $1,207,883,000.
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,
$280,965,000, to remain available until September 30, 2003; for
Operation and Maintenance, and for debt payment, $783,204,000; in all
$1,064,169,000.
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,
$2,000,000, 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 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), $427,164,000, 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), $1,203,738,000, 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

df383d954014fa75474335d018f13b300b5e1c61451888ab7b32be831d652bcb

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.

2ba848ab11c26ad2e5b4c9f24f5645431b97cc83f33ed0df51d8a05893b6dd3f

construction shall be available for hire of passenger motor vehicles.

b4e90eb803fed95f5fd136ff3a7fdc7a557b70ddcd924f56d39554e0f92fdc23

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.

84b3b950457696ed35914eb40342837ecf44b7eba8d78c5c9c8dbcdd97b852e5

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

3490ec7efaa80155c816a1636fc8450dcef47d9c0e529fb9847457974eef3576

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.

91c52d71a6d38f948d36823a82ad460fa38fb486f9320f4b7d63a64a76d6eae9

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.

60ed73e23862723894a41bfda3fd690aec533203845923f10caaab0023d0f45e

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

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.

83b2585c0c1b403df8e3321ec4942885611d07de4dcfa8c30fe43ad2763b4392

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

8058054b8a7dccd8e27b5282a9ae56fabb9debfe9af4ea644f45cdf8910592a3

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

30898f07277d51ab9bd0e3d2efb0d14dfb7246797a65c4252d13d2573ae41b5e

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.

67ddf0bb5e5b18df9eac37dab0fe19d17603155aa2a6e464a0b7bc5830eebb8f

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.

4427fc0b6207c6462936a29162f934d7b8cede1cb9cad2e3f9fad36f0ea436e5

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.

d8e1e0fb512f7996fad4056857ef23f5935ccacc57f70b9e61746867b8a09983

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)

8a0ad4c9ede184db62f63f2d1bbcc98b0d51a8c5252b4971e8d72d128db55c39

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.

89142f6c7eb8b501e5b7b63bfe1a41cd913a989b77b9f12c25b7536f87102a35

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.

e93eec4252325e05cfee2d5b9779948876843e1e52e09c71c7e558e24583f195

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)

b2988eb044fb79cde91912bcfce1d645e962f0b177ab8c33a2170fd6fa2ac1a6

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.

c092f090b8034e17bec4186eae6c4e0b168e32505d0f696acbe8ecdb49bccd22

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)

51fd04eb1fecab19186d60533ca8b921d6fdf5247a9c13cff70ffeaffb50c049

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.

8eb411d7b53f72abe28484817edc4de38a326a836993cd1de10f326c593173a5

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'').

9c52c2d8f725a2fb194b3ea89f25c6c49f63ccbd38b52384f2f92c0b0a7445ca

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) 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.
(transfer of funds)

20e5f2484ef39726bc55f07ade2ad5402853c39a698f1afdc597196e5dcb54cf

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.

d8b06e3b07f35080e86ba3705139bb65bb48511a6913056cf59950f9ec9c8bed

Act may be obligated for Partnership for Peace Programs or to provide
support for non-NATO countries.

a440e8e45a0f28856177033c399060a26d6a02173699553dcc525d85da62f195

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.

b029a99ef810fa216f1499be6acfaadd0bb9a90fce0c32e0de385d4d0f87a833

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 National Security and the Military
Construction Subcommittee, Committee on Appropriations of the House
of Representatives.
(transfer of funds)

2c10a7637b859c33eb7d9f96b5d63dc7c9917f2a353778a2a08d882c4b236517

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.

939e39f5aeaf28856ab7aeaa7f336274f93d816d4d54dae1f38a1f057d9ccd02

Army should name the ``All American Parkway'' at Fort Bragg, North
Carolina, as the ``W.G. `Bill' Hefner All American Parkway''.
This Act may be cited as the ``Military Construction Appropriations
Act, 1999''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

86d0b997053aa2738e78330556fc268f2c59ba43179ee399a5f7f42e3c0f517b

Military Construction FY99 Appropriations bill — HR. 4059

Other Sections

Want the full experience?