12 2 STA T .3698PUBLIC LA W 11 0– 329 — S E PT. 30 , 2008 SEC.1 1 2 . None o fth ef u n dsma dea v a il a b le in this title fo r militar yc onstruction in the U nited States territories and p osses - sions in the P acific and on Kw a j alein A toll , or in countries borderin g the Arabian Sea, may be used to award any contract estimated by the G overnment to e x ceed $ 1, 0 00,000 to a foreign contractor
- Provide
d, T hat 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 fu r th er, 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 M arshallese contractor. SEC. 11 3 . The Secretary of D efense is to inform the appropriate committees of both H ouses of C ongress, 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. SEC. 11 4 . Not more than 20 percent of the funds made available in this title which are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year. (IN C LUD IN GTRA N SF ER O F FUNDS ) SEC. 11 5 . F unds appropriated to the Department of Defense for construction in prior years shall be available for construction authori z ed for each such military department by the authorizations enacted into law during the current session of Congress. SEC. 11 6 . 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 subse q uent claims, if any. SEC. 11 7 . Notwithstanding any other provision of law, any funds made available 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 made available, 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. 11 8 . (a) The Secretary of Defense, in consultation with the Secretary of State, shall submit to the Committees on Appro- priations of both Houses of Congress, by February 15 of each year, an annual report in unclassified and, if necessary, classified form, on actions ta k en by the Department of Defense and the Department of State during the previous fiscal year to encourage host countries to assume a greater share of the common defense burden of such countries and the United States. (b) The report under subsection (a) shall include a description of — (1) attempts to secure cash and in-kind contributions from host countries for military construction projects; Deadlin e s.R e port s. 2 2 USC19 2 8 note. N oti f i c ation. M ilitar y e x ercise. Deadline. Contracts. Kw a j alein A toll.
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