[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.)