[105th Congress Public Law 45]
[From the U.S. Government Printing Office]
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MILITARY CONSTRUCTION
APPROPRIATIONS ACT, 1998
[[Page 111 STAT. 1142]]
Public Law 105-45
105th Congress
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, 1998, and for other
purposes. <<NOTE: Sept. 30, 1997 - [H.R. 2016]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Military
Construction Appropriations Act, 1998.>> That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1998, for
military construction, family housing, and base realignment and closure
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, $714,377,000, to remain available until September 30, 2002:
Provided, That of this amount, not to exceed $65,577,000 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, $683,666,000,
to remain available until September 30, 2002: Provided, That of this
amount, not to exceed $46,489,000 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.
[[Page 111 STAT. 1143]]
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,
$701,855,000, to remain available until September 30, 2002: Provided,
That of this amount, not to exceed $44,880,000 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,
$646,342,000, to remain available until September 30, 2002: 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 $48,850,000 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, 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, $118,350,000, to remain available until September 30, 2002.
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, $190,444,000, to remain available until September 30, 2002.
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
[[Page 111 STAT. 1144]]
States Code, and Military Construction Authorization Acts, $74,167,000,
to remain available until September 30, 2002.
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, $47,329,000, to remain available until September 30,
2002.
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, $30,243,000, to
remain available until September 30, 2002.
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, $152,600,000, 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,
$197,300,000, to remain available until September 30, 2002; for
Operation and Maintenance, and for debt payment, $1,140,568,000; in all
$1,337,868,000.
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, $393,832,000, to remain available until September 30,
2002; for Operation and Maintenance, and for debt payment, $976,504,000;
in all $1,370,336,000.
Family Housing, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion,
[[Page 111 STAT. 1145]]
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, $295,709,000, to remain available until September 30,
2002; for Operation and Maintenance, and for debt payment, $830,234,000;
in all $1,125,943,000.
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, $4,950,000, to remain available until September 30, 2002;
for Operation and Maintenance, $32,724,000; in all $37,674,000.
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), $116,754,000, to remain
available until expended: Provided, That not more than $105,224,000 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 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), $768,702,000, to remain
available until expended: Provided, That not more than $398,499,000 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), $1,175,398,000, to remain
available until expended: Provided, That not more than $353,604,000 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.
[[Page 111 STAT. 1146]]
GENERAL PROVISIONS
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 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 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
[[Page 111 STAT. 1147]]
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. 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 for which the lowest responsive
and responsible bid is submitted by a Marshallese contractor.
Sec. 113. <<NOTE: Notification.>> 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. Not more than 20 per centum 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. 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. 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. <<NOTE: 10 USC 2860 note.>> 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. <<NOTE: 10 USC 2860 note.>> 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
[[Page 111 STAT. 1148]]
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. <<NOTE: Reports.>> 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. 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) <<NOTE: Notice.>> 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. (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, 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
[[Page 111 STAT. 1149]]
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. 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. <<NOTE: Hawaii.>> (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
[[Page 111 STAT. 1150]]
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.
(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 ordinance 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.
[[Page 111 STAT. 1151]]
(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. <<NOTE: Notice.>> (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.
[[Page 111 STAT. 1152]]
(2) The Committee on National Security and the Military
Construction Subcommittee, Committee on Appropriations of the
House of Representatives.
This Act may be cited as the ``Military Construction Appropriations
Act, 1998''.
Approved September 30, 1997.
LEGISLATIVE HISTORY--H.R. 2016:
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HOUSE REPORTS: Nos. 105-150 (Comm. on Appropriations) and 105-247 (Comm.
of Conference).
SENATE REPORTS: No. 105-52 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 143 (1997):
July 8, considered and passed House.
July 22, considered and passed Senate, amended.
Sept. 16, House agreed to conference report.
Sept. 17, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
Sept. 30, Presidential statement.
Oct. 6, President's special message on line item veto.
FEDERAL REGISTER, Vol. 62 (1997):
Oct. 7, Cancellation of items pursuant to the Line Item Veto
Act.
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