[Appendix, Budget of the United States Government, Fiscal Year 1998]
[Page 392-393]

 
                GENERAL PROVISIONS--MILITARY CONSTRUCTION

    Sec. 101. None of the funds appropriated in Military Construction 
Appropriations Acts shall be expended for payments under a cost-plus-a-
fixed-fee contract for work, where cost estimates exceed $25,000, to be 
performed within the United States, except Alaska, without the specific 
approval in writing of the Secretary of Defense setting forth the 
reasons therefor: Provided, That the foregoing shall [not] apply only in 
the case of contracts for [environmental restoration] construction at an 
installation that is being closed or realigned where payments are made 
from a Base Realignment and Closure Account.
    Sec. 102. Funds appropriated to the Department of Defense for 
construction shall be available for hire of passenger motor vehicles.
    Sec. 103. Funds appropriated to the Department of Defense for 
construction may be used for advances to the Federal Highway 
Administration, Department of Transportation, for the construction of 
access roads as authorized by section 210 of title 23, United States 
Code, when projects authorized therein are certified as important to the 
national defense by the Secretary of Defense.
    Sec. 104. None of the funds appropriated in this Act may be used to 
begin construction of new bases inside the continental United States for 
which specific appropriations have not been made.
    Sec. 105. No part of the funds provided in Military Construction 
Appropriations Acts shall be used for purchase of land or land easements 
in excess of 100 per centum of the value as determined by the Army Corps 
of Engineers or the Naval Facilities Engineering Command, except (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.
    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 and the following 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] 111. None of the funds appropriated in Military 
Construction Appropriations Acts for military construction in the United 
States territories and possessions in the Pacific and on Kwajalein 
Atoll, or in countries bordering the Arabian Gulf, may be used to award 
any contract estimated by the Government to exceed $1,000,000 to a 
foreign contractor: Provided, That this section shall not be applicable 
to contract awards for which the lowest responsive and responsible bid 
of a United States contractor exceeds the lowest responsive and 
responsible bid of a foreign contractor by greater than 20 per centum.
    [Sec. 113. The Secretary of Defense is to inform the appropriate 
Committees of Congress, including the Committees on Appropriations, of 
the plans and scope of any proposed military exercise involving United 
States personnel thirty days prior to its occurring, if amounts expended 
for construction, either temporary or permanent, are anticipated to 
exceed $100,000.]
    Sec. [114] 112. Not more than 20 per centum of the appropriations in 
Military Construction Appropriations Acts which are limited for 
obligation during [the current] any one fiscal year shall be obligated 
during the last two months of [the] such fiscal year.
    Sec. [115] 113. 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] One Hundred Fifth of 
Congress.
    Sec. [116] 114. 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.

                           (transfer of funds)

    Sec. [117] 115. 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.
    Sec. [118] 116. During the five-year period after appropriations 
available to the Department of Defense for military construction and 
family housing operation and maintenance and construction have expired 
for obligation, upon a determination that such appropriations will not 
be necessary for the liquidation of obligations or for making authorized 
adjustments to such appropriations for obligations incurred during the 
period of availability of such appropriations, unobligated balances of 
such appropriations may be transferred into the

[[Page 393]]

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] 117. During the current fiscal year and the following 
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. 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'').]
    [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.
    (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.]
    [Sec. 123. The National Guard Bureau shall annually prepare a future 
years defense plan based on the requirement and priorities of the 
National Guard: Provided, That this plan shall be presented to the 
committees of Congress concurrent with the President's budget submission 
for each fiscal year.]
    Sec. [124. It is the sense of the Congress that the Secretary of the 
Army should name buildings numbered 5308 and 5309 at Redstone Arsenal, 
Alabama, as the Howell Heflin Complex.]
    Sec. [125] 118. During the current fiscal year and the following 
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. 119. During the current fiscal year and the following fiscal 
year, upon a determination by the Secretary of Defense that such action 
is necessary in the national interest, he may, with the approval of the 
Office of Management and Budget, transfer not to exceed $200,000,000 of 
funds appropriated in this Act between appropriations, funds, or 
accounts, or any subdivision thereof contained in this Act, to be merged 
with and available for the same purposes, and for the same time period, 
as the appropriation, fund, or account to which transferred: Provided, 
That such authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than those 
for which originally appropriated and in no case where the item for 
which funds are requested has been denied by Congress: Provided further, 
That the Secretary of Defense shall notify the Congress promptly of all 
transfers made pursuant to this authority.
    Sec. 120. During the current fiscal year and the following fiscal 
year, amounts appropriated for Base Realignment and Closure, may be 
transferred to the Department of Defense Housing Improvement Fund, to be 
merged with, and to be available for the same purposes, and for the same 
time period as amounts appropriated directly to the Fund. (Military 
Construction Appropriations Act, 1997.)