[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3517 Reported in Senate (RS)]





                                                       Calendar No. 448

104th CONGRESS

  2d Session

                               H. R. 3517

                          [Report No. 104-287]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             June 20, 1996

                        Reported with amendments





                                                       Calendar No. 448
104th CONGRESS
  2d Session
                                H. R. 3517

                          [Report No. 104-287]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 3, 1996

 Received; read twice and referred to the Committtee on Appropriations

                             June 20, 1996

                 Reported by Mr. Burns, with amendments
  [Omit the part struck through and insert the part printed in italic]

                                 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

                        (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, <DELETED>$603,584,000 
</DELETED>$448,973,000, to remain available until September 30, 2001: 
Provided, That of this amount, not to exceed <DELETED>$54,384,000 
</DELETED>$37,323,000 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: 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, <DELETED>$724,476,000 </DELETED>$642,484,000, to remain 
available until September 30, 2001: Provided, That of this amount, not 
to exceed <DELETED>$50,959,000 </DELETED>$53,709,000 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: <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, <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

                        (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, <DELETED>$678,914,000 </DELETED>$704,689,000, to remain 
available until September 30, 2001: Provided, That of this amount, not 
to exceed <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: 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 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, 
<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 
<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: Provided further, That of the funds appropriated 
for ``Military Construction, Defense-wide'' under Public Law 104-32, 
$7,000,000 is hereby rescinded.

     <DELETED>Department of Defense Military Unaccompanied Housing 
                       Improvement Fund</DELETED>

            <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, <DELETED>$41,316,000 </DELETED>$142,948,000, to 
remain available until September 30, 2001.

               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, <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, 
<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, <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, 
<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, <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, 
<DELETED>$176,603,000 </DELETED>$189,319,000, to remain available until 
September 30, 2001; for Operation and Maintenance, and for debt 
payment, <DELETED>$1,257,466,000 </DELETED>$1,212,466,000; in all 
<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, <DELETED>$532,456,000 </DELETED>$418,326,000, to remain 
available until September 30, 2001; for Operation and Maintenance, and 
for debt payment, <DELETED>$1,058,241,000</DELETED> $1,014,241,000; in 
all <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, 
<DELETED>$304,068,000 </DELETED>$291,464,000, to remain available until 
September 30, 2001; for Operation and Maintenance, and for debt 
payment, <DELETED>$840,474,000 </DELETED>$829,474,000; in all 
<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, 
<DELETED>$35,000,000 </DELETED>$20,000,000, to remain available until 
<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 
<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.
<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>
<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>
<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>
    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.
    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.