[Appendix, Budget of the United States Government, Fiscal Year 1999]
[Page 314-316]
[DOCID:1999_app_mil-12]
From the Budget of the U.S., FY 1999 Online via GPO Access
[wais.access.gpo.gov]

 
                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] 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: [Provided, That the foregoing shall 
not apply in the case of contracts for environmental restoration 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] 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; 
or (2) purchases negotiated by the Attorney General or his designee; or 
(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] 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: 
Provided further, That this section shall not apply to contract awards 
for military construction on Kwajalein Atoll

[[Page 315]]

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 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] 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 two months of the fiscal year.

                           (transfer of funds)

    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 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.
    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.

                           (transfer of funds)

    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 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, 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.]

                           (transfer of funds)

    Sec. [123] 118. (a) Subject to thirty 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 and from 
amounts contained in the account established by section 2906(a)(1) of 
the Department of Defense Authorization Act, 1991 (Public Law 101-510), 
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.
     (b) Subject to thirty 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 
Military Unaccompanied Housing Improvement Fund from amounts 
appropriated for the acquisition or construction of military 
unaccompanied housing in ``Military Construction'' 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 unaccompanied housing and 
ancillary supporting facilities.
    Sec. [124] 119. Notwithstanding any other provision of law, 
appropriations made available to the Department of Defense Family 
Housing Improvement Fund shall be the sole source of funds available for 
planning, administrative, and oversight costs incurred by the Housing 
Revitalization Support Office relating to military family housing 
initiatives and military unaccompanied housing initiatives undertaken 
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, military unaccompanied housing, and 
supporting facilities.
    [Sec. 125. Notwithstanding any other provisions in this Act, the 
following accounts are hereby reduced by the specified amounts--
         ``Military Construction, Army'', $7,900,000;
         ``Military Construction, Navy'', $5,600,000;
         ``Military Construction, Air Force'', $7,600,000;
         ``Military Construction, Defense-wide'', $6,100,000;
         ``North Atlantic Treaty Organization Security Investment 
    Program'', $1,000,000;
         ``Base Realignment and Closure Account, Part III'', $8,000,000;
         ``Base Realignment and Closure Account, Part IV'', $8,000,000;
         ``Family Housing, Army'', $36,700,000;
         ``Family Housing, Navy and Marine Corps'', $13,100,000;
         ``Family Housing, Air Force'', $14,700,000; and
         ``Family Housing, Defense-wide'', $100,000.]
    [Sec. 126. Notwithstanding any other provision of law, from the 
funds appropriated in this Act for Military Construction, Army, the 
Secretary of the Army is directed to complete, using an Unspecified 
Minor Construction project, the Special Forces (Diver) Training Facility 
at Key West Naval Air Station, Florida, as authorized in the Military 
Construction Authorization Act for Fiscal Years 1990 and 1991 (Public 
Law 101-189).]
    [Sec. 127. (a) Lease of Property Authorized.--Notwithstanding any 
other provision of law, the Secretary of the Navy (hereinafter referred 
to as the ``Secretary'') may lease, without monetary consideration, to 
the city and county of Honolulu (hereinafter referred to as the 
``city'') a parcel of land consisting of approximately 300 acres on 
Waipio Peninsula, Honolulu, Hawaii (hereinafter referred to as the 
``parcel'').
     (b) Related Easement.--The Secretary may also grant, without 
monetary consideration, an easement on, over, under and across that 
certain real property known as Waipio Point Access Road for access to 
and operation of the parcel.
     (c) Term.--The term of the lease and easement authorized under this 
section shall be fifty (50) years.

[[Page 316]]

     (d) Condition of Use.--The lease and easement authorized under 
subsections (a) and (b) shall be subject to the following conditions:
         (1) The city shall use the parcel for development and operation 
    of a public soccer park and related recreational facilities, and for 
    other civic and public purposes as may be approved by the Secretary.
         (2) Facilities developed on the parcel shall be for public use 
    and benefit; however, usage fees may be charged to defray facility 
    operating and maintenance costs.
         (3) The city shall comply with all explosive safety criteria 
    affecting the city's use of the lease and easement areas, as 
    established by the Secretary in connection with the explosive safety 
    areas supporting the ordnance handling wharves located at West Loch 
    Branch, Naval Magazine, Lualualei, Hawaii.
         (4) The city shall, at its own cost and to the satisfaction of 
    the Secretary, make any and all improvements to Waipio Point Access 
    Road which the city determines are necessary to provide onstreet 
    parking along said road, and adequate access to the parcel, 
    including, but not limited to, any necessary appurtenant utility and 
    drainage improvements. During the term of said easement, the cost of 
    maintenance, repair and replacement of said road and improvements 
    shall be borne by the city.
         (5) The city shall install a non-potable irrigation water 
    delivery system to service the parcel, and in doing so, the city 
    shall size transmission lines capable of delivering approximately 
    2.5 million additional gallons of irrigation water per day to 
    agricultural lands on Waipio Peninsula under the control of the 
    Secretary.
     (e) Termination.--If the Secretary determines at any time that the 
parcel is not being used for a purpose specified in subsection (d)(1), 
the lease and easement authorized under subsections (a) and (b) may be 
terminated, and all right, title, and interest in and to such real 
property, including any improvements thereon, shall revert to the United 
States, and the United States shall have the right of immediate entry 
thereon.
     (f) Effect of Expiration of Lease.--Unless otherwise specifically 
provided for in this section, at the end of the lease and easement term, 
the city shall either convey, without reimbursement, to the United 
States, all right, title, and interest of the city in and to the 
improvements subject to said lease and easement, or restore, to the 
extent practicable, the lease and easement areas to the satisfaction of 
the Secretary.
     (g) Description of Property.--The exact acreage and legal 
description of the property subject to this section shall be determined 
by a survey satisfactory to the Secretary. The cost of such survey shall 
be borne by the city.
     (h) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the lease and 
easement to be granted under this section as the Secretary considers 
appropriate to protect the interests of the United States.]
    Sec. [128] 120. (a) Not later than 60 days before issuing any 
solicitation for a contract with the private sector for military family 
housing or military unaccompanied 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.
    Sec. 121. 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. 122. During the current 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, to be merged with and to be 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. 123. Payments received by the Secretary of the Navy pursuant 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 purposes authorized in subsection (d) of that section. (Military 
Construction Appropriations Act, 1998.)