[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3517 Public Print (PP)]
104th CONGRESS
2d Session
H. R. 3517
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 1996
Ordered to be printed with the amendments of the Senate numbered
_______________________________________________________________________
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, 1997, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 1997, 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
(1)(including rescissions)
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, (2)<DELETED>$603,584,000
</DELETED>$448,973,000, to remain available until September 30, 2001:
Provided, That of this amount, not to exceed (3)<DELETED>$54,384,000
</DELETED>$20,723,000 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(4): Provided further, That of the funds
appropriated for ``Military Construction, Army'' under Public Law 103-
110, $2,028,000 is hereby rescinded.
Military Construction, Navy
(including rescissions)
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, (5)<DELETED>$724,476,000 </DELETED>$642,484,000, to
remain available until September 30, 2001: Provided, That of this
amount, not to exceed (6)<DELETED>$50,959,000 </DELETED>$44,809,000
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(7)<DELETED>:-
Provided further, That of the funds appropriated for ``Military
Construction, Navy'' under Public Law 102-136, $6,900,000 is hereby
rescinded</DELETED>: Provided further, That of the funds appropriated
for ``Military Construction, Navy'' under Public Law 102-380,
(8)<DELETED>$2,800,000 </DELETED>$9,000,000 is hereby rescinded:
Provided further, That of the funds appropriated for ``Military
Construction, Navy'' under Public Law 103-110, $2,300,000 is hereby
rescinded.
Military Construction, Air Force
(9)(including rescissions)
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, (10)<DELETED>$678,914,000 </DELETED>$704,689,000, to remain
available until September 30, 2001: Provided, That of this amount, not
to exceed (11)<DELETED>$47,387,000 </DELETED>$29,797,000 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(12): Provided further, That of
the funds appropriated for ``Military Construction, Air Force'' under
Public Law 103-307, $2,100,000 is hereby rescinded.
Military Construction, Defense-wide
(including transfer of funds (13)and rescissions)
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,
(14)<DELETED>$772,345,000 </DELETED>$771,758,000, to remain available
until September 30, 2001: 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 (15)<DELETED>$12,239,000 </DELETED>$17,139,000 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(16): Provided further, That of
the funds appropriated for ``Military Construction, Defense-wide''
under Public Law 104-32, $7,000,000 is hereby rescinded.
(17)<DELETED>Department of Defense Military Unaccompanied Housing
Improvement Fund
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the Department of Defense Military Unaccompanied
Housing Improvement Fund, $10,000,000, to remain available until
expended: Provided, That 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 Fund
from amounts appropriated in this Act for the acquisition or
construction of military unaccompanied housing in ``Military
Construction'' accounts, to be merged with and to be made available for
the same purposes and for the same period of time as amounts
appropriated directly to the Fund: Provided further, That
appropriations made available for the Fund in this Act shall be
available to cover the costs, as defined in section 502(5) of the
Congressional Budget Act of 1974, of direct loans and loan guarantees
issued by the Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring and improving military
unaccompanied housing and ancillary supporting facilities.</DELETED>
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, (18)<DELETED>$41,316,000 </DELETED>$142,948,000, to
remain available until (19)<DELETED>September 30, 2001.
</DELETED>September 30, 2001: Provided, That of the amount made
available under this heading, $10,800,000 shall be available for
construction, phase III, at the Western Kentucky Training Site,
Kentucky, with the amount made available for such construction to be
derived from sums otherwise available under this heading for minor
construction.
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, (20)<DELETED>$118,394,000 </DELETED>$224,444,000,
to remain available until September 30, 2001.
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 States
Code, and military construction authorization Acts,
(21)<DELETED>$50,159,000 </DELETED>$75,474,000, to remain available
until September 30, 2001.
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, (22)<DELETED>$33,169,000 </DELETED>$49,883,000, to
remain available until September 30, 2001.
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,
(23)<DELETED>$51,655,000 </DELETED>$67,805,000, to remain available
until September 30, 2001.
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, (24)<DELETED>$177,000,000 </DELETED>$172,000,000,
to remain available until expended.
Family Housing, Army
For expenses of family housing for the Army for constrution,
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,
(25)<DELETED>$176,603,000 </DELETED>$189,319,000, to remain available
until September 30, 2001; for Operation and Maintenance, and for debt
payment, (26)<DELETED>$1,257,466,000 </DELETED>$1,212,466,000; in all
(27)<DELETED>$1,434,069,000 </DELETED>$1,401,785,000.
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, (28)<DELETED>$532,456,000 </DELETED>$418,326,000, to
remain available until September 30, 2001; for Operation and
Maintenance, and for debt payment, (29)<DELETED>$1,058,241,000
</DELETED>$1,014,241,000; in all (30)<DELETED>$1,590,697,000
</DELETED>$1,432,567,000.
Family Housing, Air Force
For expenses of family housing for the Air Force 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,
(31)<DELETED>$304,068,000 </DELETED>$291,464,000, to remain available
until September 30, 2001; for Operation and Maintenance, and for debt
payment, (32)<DELETED>$840,474,000 </DELETED>$829,474,000; in all
(33)<DELETED>$1,144,542,000 </DELETED>$1,120,938,000.
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, $4,371,000, to remain available until September 30, 2001;
for Operation and Maintenance, $30,963,000; in all $35,334,000.
Department of Defense Family Housing Improvement Fund
(including transfer of funds)
For the Department of Defense Family Housing Improvement Fund,
(34)<DELETED>$35,000,000 </DELETED>$20,000,000, to remain available
until (35)<DELETED>expended </DELETED>September 30, 2001: Provided,
That, 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 Fund from amounts
appropriated (36)<DELETED>in this Act </DELETED>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 further, That
appropriations made available to the Fund in this Act 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.
Homeowners Assistance Fund, Defense
For use in the Homeowners Assistance Fund established by section
1013(d) of the Demonstration Cities and Metropolitan Development Act of
1966, as amended (42 U.S.C. 3374), $36,181,000, to remain available
until expended.
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), $352,800,000, to remain
available until expended: Provided, That not more than $223,789,000 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), $971,925,000, to remain
available until expended: Provided, That not more than $351,967,000 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), $1,182,749,000, to remain
available until expended: Provided, That not more than $200,841,000 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.
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 (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 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. 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. 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. 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. 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. 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.
(37)<DELETED>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'').
</DELETED> (38)<DELETED>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.
<DELETED> (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.</DELETED>
(39)Sec. 121. 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.
(40)Sec. 122. No funds from the Base Realignment and Closure
accounts shall be used to pay for fines or penalties resulting from
violations of any law pertaining to the environment.
(transfer of funds)
Sec. 123. 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.
This Act may be cited as the ``Military Construction Appropriations
Act, 1997''.
Passed the House of Representatives May 30, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
By Linda Nave,
Deputy Clerk.
Passed the Senate June 26, 1996.
Attest:
KELLY D. JOHNSTON,
Secretary.