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Union Calendar No. 291

104TH CONGRESS

2D SESSION H. R. 3517

[Report No. 104–591]

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.

IN THE HOUSE OF REPRESENTATIVES

MAY 23, 1996

Mrs. VUCANOVICH, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House

on the State of the Union and ordered to be printed

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 1997, for military con-
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1 struction, family housing, and base realignment and clo2 sure functions administered by the Department of De3 fense, and for other purposes, namely:

4 MILITARY CONSTRUCTION, ARMY

5 For acquisition, construction, installation, and equip6 ment of temporary or permanent public works, military

7 installations, facilities, and real property for the Army as

8 currently authorized by law, including personnel in the

9 Army Corps of Engineers and other personal services nec10 essary for the purposes of this appropriation, and for con11 struction and operation of facilities in support of the func12 tions of the Commander in Chief, $603,584,000, to re13 main available until September 30, 2001: Provided, That

14 of this amount, not to exceed $54,384,000 shall be avail15 able for study, planning, design, architect and engineer

16 services, and host nation support, as authorized by law,

17 unless the Secretary of Defense determines that additional

18 obligations are necessary for such purposes and notifies

19 the Committees on Appropriations of both Houses of Con20 gress of his determination and the reasons therefor.

21 MILITARY CONSTRUCTION, NAVY

22 (INCLUDING RESCISSIONS)

23 For acquisition, construction, installation, and equip24 ment of temporary or permanent public works, naval in25 stallations, facilities, and real property for the Navy as
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1 currently authorized by law, including personnel in the

2 Naval Facilities Engineering Command and other per3 sonal services necessary for the purposes of this appropria4 tion, $724,476,000, to remain available until September

5 30, 2001: Provided, That of this amount, not to exceed

6 $50,959,000 shall be available for study, planning, design,

7 architect and engineer services, as authorized by law, un8 less the Secretary of Defense determines that additional

9 obligations are necessary for such purposes and notifies

10 the Committees on Appropriations of both Houses of Con11 gress of his determination and the reasons therefor: Pro12 vided further, That of the funds appropriated for ‘‘Military

13 Construction, Navy’’ under Public Law 102–136,

14 $6,900,000 is hereby rescinded: Provided further, That of

15 the funds appropriated for ‘‘Military Construction, Navy’’

16 under Public Law 102–380, $2,800,000 is hereby re17 scinded: Provided further, That of the funds appropriated

18 for ‘‘Military Construction, Navy’’ under Public Law 103–

19 110, $2,300,000 is hereby rescinded.

20 MILITARY CONSTRUCTION, AIR FORCE

21 For acquisition, construction, installation, and equip22 ment of temporary or permanent public works, military

23 installations, facilities, and real property for the Air Force

24 as currently authorized by law, $678,914,000, to remain

25 available until September 30, 2001: Provided, That of this
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1 amount, not to exceed $47,387,000 shall be available for

2 study, planning, design, architect and engineer services,

3 as authorized by law, unless the Secretary of Defense de4 termines that additional obligations are necessary for such

5 purposes and notifies the Committees on Appropriations

6 of both Houses of Congress of his determination and the

7 reasons therefor.

8 MILITARY CONSTRUCTION, DEFENSE-WIDE

9 (INCLUDING TRANSFER OF FUNDS)

10 For acquisition, construction, installation, and equip11 ment of temporary or permanent public works, installa12 tions, facilities, and real property for activities and agen13 cies of the Department of Defense (other than the military

14 departments), as currently authorized by law,

15 $772,345,000, to remain available until September 30,

16 2001: Provided, That such amounts of this appropriation

17 as may be determined by the Secretary of Defense may

18 be transferred to such appropriations of the Department

19 of Defense available for military construction or family

20 housing as he may designate, to be merged with and to

21 be available for the same purposes, and for the same time

22 period, as the appropriation or fund to which transferred:

23 Provided further, That of the amount appropriated, not

24 to exceed $12,239,000 shall be available for study, plan25 ning, design, architect and engineer services, as authorized
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1 by law, unless the Secretary of Defense determines that

2 additional obligations are necessary for such purposes and

3 notifies the Committees on Appropriations of both Houses

4 of Congress of his determination and the reasons therefor.

5 DEPARTMENT OF DEFENSE MILITARY UNACCOMPANIED

6 HOUSING IMPROVEMENT FUND

7 (INCLUDING TRANSFER OF FUNDS)

8 For the Department of Defense Military Unaccom9 panied Housing Improvement Fund, $10,000,000, to re10 main available until expended: Provided, That subject to

11 thirty days prior notification to the Committees on Appro12 priations, such additional amounts as may be determined

13 by the Secretary of Defense may be transferred to the

14 Fund from amounts appropriated in this Act for the ac15 quisition or construction of military unaccompanied hous16 ing in ‘‘Military Construction’’ accounts, to be merged

17 with and to be made available for the same purposes and

18 for the same period of time as amounts appropriated di19 rectly to the Fund: Provided further, That appropriations

20 made available for the Fund in this Act shall be available

21 to cover the costs, as defined in section 502(5) of the Con22 gressional Budget Act of 1974, of direct loans and loan

23 guarantees issued by the Department of Defense pursuant

24 to the provisions of subchapter IV of chapter 169 of title

25 10, United States Code, pertaining to alternative means
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1 of acquiring and improving military unaccompanied hous2 ing and ancillary supporting facilities.

3 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

4 For construction, acquisition, expansion, rehabilita5 tion, and conversion of facilities for the training and ad6 ministration of the Army National Guard, and contribu7 tions therefor, as authorized by chapter 133 of title 10,

8 United States Code, and military construction authoriza9 tion Acts, $41,316,000, to remain available until Septem10 ber 30, 2001.

11 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

12 For construction, acquisition, expansion, rehabilita13 tion, and conversion of facilities for the training and ad14 ministration of the Air National Guard, and contributions

15 therefor, as authorized by chapter 133 of title 10, United

16 States Code, and military construction authorization Acts,

17 $118,394,000, to remain available until September 30,

18 2001.

19 MILITARY CONSTRUCTION, ARMY RESERVE

20 For construction, acquisition, expansion, rehabilita21 tion, and conversion of facilities for the training and ad22 ministration of the Army Reserve as authorized by chapter

23 133 of title 10, United States Code, and military construc24 tion authorization Acts, $50,159,000, to remain available

25 until September 30, 2001.
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1 MILITARY CONSTRUCTION, NAVAL RESERVE

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the reserve components of the Navy and

5 Marine Corps as authorized by chapter 133 of title 10,

6 United States Code, and military construction authoriza7 tion Acts, $33,169,000, to remain available until Septem8 ber 30, 2001.

9 MILITARY CONSTRUCTION, AIR FORCE RESERVE

10 For construction, acquisition, expansion, rehabilita11 tion, and conversion of facilities for the training and ad12 ministration of the Air Force Reserve as authorized by

13 chapter 133 of title 10, United States Code, and military

14 construction authorization Acts, $51,655,000, to remain

15 available until September 30, 2001.

16 NORTH ATLANTIC TREATY ORGANIZATION

17 SECURITY INVESTMENT PROGRAM

18 For the United States share of the cost of the North

19 Atlantic Treaty Organization Security Investment Pro20 gram for the acquisition and construction of military fa21 cilities and installations (including international military

22 headquarters) and for related expenses for the collective

23 defense of the North Atlantic Treaty Area as authorized

24 in military construction authorization Acts and section
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1 2806 of title 10, United States Code, $177,000,000, to

2 remain available until expended.

3 FAMILY HOUSING, ARMY

4 For expenses of family housing for the Army for

5 constrution, including acquisition, replacement, addition,

6 expansion, extension and alteration and for operation and

7 maintenance, including debt payment, leasing, minor con8 struction, principal and interest charges, and insurance

9 premiums, as authorized by law, as follows: for Construc10 tion, $176,603,000, to remain available until September

11 30, 2001; for Operation and Maintenance, and for debt

12 payment, $1,257,466,000; in all $1,434,069,000.

13 FAMILY HOUSING, NAVY AND MARINE CORPS

14 For expenses of family housing for the Navy and Ma15 rine Corps for construction, including acquisition, replace16 ment, addition, expansion, extension and alteration and

17 for operation and maintenance, including debt payment,

18 leasing, minor construction, principal and interest

19 charges, and insurance premiums, as authorized by law,

20 as follows: for Construction, $532,456,000, to remain

21 available until September 30, 2001; for Operation and

22 Maintenance, and for debt payment, $1,058,241,000; in

23 all $1,590,697,000.
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1 FAMILY HOUSING, AIR FORCE

2 For expenses of family housing for the Air Force for

3 construction, including acquisition, replacement, addition,

4 expansion, extension and alteration and for operation and

5 maintenance, including debt payment, leasing, minor con6 struction, principal and interest charges, and insurance

7 premiums, as authorized by law, as follows: for Construc8 tion, $304,068,000, to remain available until September

9 30, 2001; for Operation and Maintenance, and for debt

10 payment, $840,474,000; in all $1,144,542,000.

11 FAMILY HOUSING, DEFENSE-WIDE

12 For expenses of family housing for the activities and

13 agencies of the Department of Defense (other than the

14 military departments) for construction, including acquisi15 tion, replacement, addition, expansion, extension and al16 teration, and for operation and maintenance, leasing, and

17 minor construction, as authorized by law, as follows: for

18 Construction, $4,371,000, to remain available until Sep19 tember 30, 2001; for Operation and Maintenance,

20 $30,963,000; in all $35,334,000.

21 DEPARTMENT OF DEFENSE FAMILY HOUSING

22 IMPROVEMENT FUND

23 (INCLUDING TRANSFER OF FUNDS)

24 For the Department of Defense Family Housing Im25 provement Fund, $35,000,000, to remain available until
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1 expended: Provided, That, subject to thirty days prior no2 tification to the Committees on Appropriations, such addi3 tional amounts as may be determined by the Secretary of

4 Defense may be transferred to the Fund from amounts

5 appropriated in this Act for construction in ‘‘Family

6 Housing’’ accounts, to be merged with and to be available

7 for the same purposes and for the same period of time

8 as amounts appropriated directly to the Fund: Provided

9 further, That appropriations made available to the Fund

10 in this Act shall be available to cover the costs, as defined

11 in section 502(5) of the Congressional Budget Act of

12 1974, of direct loans or loan guarantees issued by the De13 partment of Defense pursuant to the provisions of sub14 chapter IV of Chapter 169, title 10, United States Code,

15 pertaining to alternative means of acquiring and improv16 ing military family housing and supporting facilities.

17 HOMEOWNERS ASSISTANCE FUND, DEFENSE

18 For use in the Homeowners Assistance Fund estab19 lished by section 1013(d) of the Demonstration Cities and

20 Metropolitan Development Act of 1966, as amended (42

21 U.S.C. 3374), $36,181,000, to remain available until ex22 pended.

23 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II

24 For deposit into the Department of Defense Base

25 Closure Account 1990 established by section 2906(a)(1)
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1 of the Department of Defense Authorization Act, 1991

2 (Public Law 101–510), $352,800,000, to remain available

3 until expended: Provided, That not more than

4 $223,789,000 of the funds appropriated herein shall be

5 available solely for environmental restoration, unless the

6 Secretary of Defense determines that additional obliga7 tions are necessary for such purposes and notifies the

8 Committees on Appropriations of both Houses of Congress

9 of his determination and the reasons therefor.

10 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III

11 For deposit into the Department of Defense Base

12 Closure Account 1990 established by section 2906(a)(1)

13 of the Department of Defense Authorization Act, 1991

14 (Public Law 101–510), $971,925,000, to remain available

15 until expended: Provided, That not more than

16 $351,967,000 of the funds appropriated herein shall be

17 available solely for environmental restoration, unless the

18 Secretary of Defense determines that additional obliga19 tions are necessary for such purposes and notifies the

20 Committees on Appropriations of both Houses of Congress

21 of his determination and the reasons therefor.

22 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART IV

23 For deposit into the Department of Defense Base

24 Closure Account 1990 established by section 2906(a)(1)

25 of the Department of Defense Authorization Act, 1991
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1 (Public Law 101–510), $1,182,749,000, to remain avail2 able until expended: Provided, That not more than

3 $200,841,000 of the funds appropriated herein shall be

4 available solely for environmental restoration, unless the

5 Secretary of Defense determines that additional obliga6 tions are necessary for such purposes and notifies the

7 Committees on Appropriations of both Houses of Congress

8 of his determination and the reasons therefor.

9 GENERAL PROVISIONS

10 SEC. 101. None of the funds appropriated in Military

11 Construction Appropriations Acts shall be expended for

12 payments under a cost-plus-a-fixed-fee contract for work,

13 where cost estimates exceed $25,000, to be performed

14 within the United States, except Alaska, without the spe15 cific approval in writing of the Secretary of Defense set16 ting forth the reasons therefor: Provided, That the fore17 going shall not apply in the case of contracts for environ18 mental restoration at an installation that is being closed

19 or realigned where payments are made from a Base Re20 alignment and Closure Account.

21 SEC. 102. Funds appropriated to the Department of

22 Defense for construction shall be available for hire of pas23 senger motor vehicles.

24 SEC. 103. Funds appropriated to the Department of

25 Defense for construction may be used for advances to the
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1 Federal Highway Administration, Department of Trans2 portation, for the construction of access roads as author3 ized by section 210 of title 23, United States Code, when

4 projects authorized therein are certified as important to

5 the national defense by the Secretary of Defense.

6 SEC. 104. None of the funds appropriated in this Act

7 may be used to begin construction of new bases inside the

8 continental United States for which specific appropria9 tions have not been made.

10 SEC. 105. No part of the funds provided in Military

11 Construction Appropriations Acts shall be used for pur12 chase of land or land easements in excess of 100 per cen13 tum of the value as determined by the Army Corps of En14 gineers or the Naval Facilities Engineering Command, ex15 cept (a) where there is a determination of value by a Fed16 eral court, or (b) purchases negotiated by the Attorney

17 General or his designee, or (c) where the estimated value

18 is less than $25,000, or (d) as otherwise determined by

19 the Secretary of Defense to be in the public interest.

20 SEC. 106. None of the funds appropriated in Military

21 Construction Appropriations Acts shall be used to (1) ac22 quire land, (2) provide for site preparation, or (3) install

23 utilities for any family housing, except housing for which

24 funds have been made available in annual Military Con25 struction Appropriations Acts.
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1 SEC. 107. None of the funds appropriated in Military

2 Construction Appropriations Acts for minor construction

3 may be used to transfer or relocate any activity from one

4 base or installation to another, without prior notification

5 to the Committees on Appropriations.

6 SEC. 108. No part of the funds appropriated in Mili7 tary Construction Appropriations Acts may be used for

8 the procurement of steel for any construction project or

9 activity for which American steel producers, fabricators,

10 and manufacturers have been denied the opportunity to

11 compete for such steel procurement.

12 SEC. 109. None of the funds available to the Depart13 ment of Defense for military construction or family hous14 ing during the current fiscal year may be used to pay real

15 property taxes in any foreign nation.

16 SEC. 110. None of the funds appropriated in Military

17 Construction Appropriations Acts may be used to initiate

18 a new installation overseas without prior notification to

19 the Committees on Appropriations.

20 SEC. 111. None of the funds appropriated in Military

21 Construction Appropriations Acts may be obligated for ar22 chitect and engineer contracts estimated by the Govern23 ment to exceed $500,000 for projects to be accomplished

24 in Japan, in any NATO member country, or in countries

25 bordering the Arabian Gulf, unless such contracts are
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1 awarded to United States firms or United States firms

2 in joint venture with host nation firms.

3 SEC. 112. None of the funds appropriated in Military

4 Construction Appropriations Acts for military construc5 tion in the United States territories and possessions in the

6 Pacific and on Kwajalein Atoll, or in countries bordering

7 the Arabian Gulf, may be used to award any contract esti8 mated by the Government to exceed $1,000,000 to a for9 eign contractor: Provided, That this section shall not be

10 applicable to contract awards for which the lowest respon11 sive and responsible bid of a United States contractor ex12 ceeds the lowest responsive and responsible bid of a for13 eign contractor by greater than 20 per centum.

14 SEC. 113. The Secretary of Defense is to inform the

15 appropriate Committees of Congress, including the Com16 mittees on Appropriations, of the plans and scope of any

17 proposed military exercise involving United States person18 nel thirty days prior to its occurring, if amounts expended

19 for construction, either temporary or permanent, are an20 ticipated to exceed $100,000.

21 SEC. 114. Not more than 20 per centum of the appro22 priations in Military Construction Appropriations Acts

23 which are limited for obligation during the current fiscal

24 year shall be obligated during the last two months of the

25 fiscal year.
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1 (TRANSFER OF FUNDS)

2 SEC. 115. Funds appropriated to the Department of

3 Defense for construction in prior years shall be available

4 for construction authorized for each such military depart5 ment by the authorizations enacted into law during the

6 current session of Congress.

7 SEC. 116. For military construction or family housing

8 projects that are being completed with funds otherwise ex9 pired or lapsed for obligation, expired or lapsed funds may

10 be used to pay the cost of associated supervision, inspec11 tion, overhead, engineering and design on those projects

12 and on subsequent claims, if any.

13 SEC. 117. Notwithstanding any other provision of

14 law, any funds appropriated to a military department or

15 defense agency for the construction of military projects

16 may be obligated for a military construction project or

17 contract, or for any portion of such a project or contract,

18 at any time before the end of the fourth fiscal year after

19 the fiscal year for which funds for such project were ap20 propriated if the funds obligated for such project (1) are

21 obligated from funds available for military construction

22 projects, and (2) do not exceed the amount appropriated

23 for such project, plus any amount by which the cost of

24 such project is increased pursuant to law.
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1 (TRANSFER OF FUNDS)

2 SEC. 118. During the five-year period after appro3 priations available to the Department of Defense for mili4 tary construction and family housing operation and main5 tenance and construction have expired for obligation, upon

6 a determination that such appropriations will not be nec7 essary for the liquidation of obligations or for making au8 thorized adjustments to such appropriations for obliga9 tions incurred during the period of availability of such ap10 propriations, unobligated balances of such appropriations

11 may be transferred into the appropriation ‘‘Foreign Cur12 rency Fluctuations, Construction, Defense’’ to be merged

13 with and to be available for the same time period and for

14 the same purposes as the appropriation to which trans15 ferred.

16 SEC. 119. The Secretary of Defense is to provide the

17 Committees on Appropriations of the Senate and the

18 House of Representatives with an annual report by Feb19 ruary 15, containing details of the specific actions pro20 posed to be taken by the Department of Defense during

21 the current fiscal year to encourage other member nations

22 of the North Atlantic Treaty Organization, Japan, Korea,

23 and United States allies bordering the Arabian Gulf to as24 sume a greater share of the common defense burden of

25 such nations and the United States.
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1 (TRANSFER OF FUNDS)

2 SEC. 120. During the current fiscal year, in addition

3 to any other transfer authority available to the Depart4 ment of Defense, proceeds deposited to the Department

5 of Defense Base Closure Account established by section

6 207(a)(1) of the Defense Authorization Amendments and

7 Base Closure and Realignment Act (Public Law 100–526)

8 pursuant to section 207(a)(2)(C) of such Act, may be

9 transferred to the account established by section

10 2906(a)(1) of the Department of Defense Authorization

11 Act, 1991, to be merged with, and to be available for the

12 same purposes and the same time period as that account.

13 SEC. 121. No funds appropriated pursuant to this

14 Act may be expended by an entity unless the entity agrees

15 that in expending the assistance the entity will comply

16 with sections 2 through 4 of the Act of March 3, 1933

17 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer18 ican Act’’).

19 SEC. 122. (a) In the case of any equipment or prod20 ucts that may be authorized to be purchased with financial

21 assistance provided under this Act, it is the sense of the

22 Congress that entities receiving such assistance should, in

23 expending the assistance, purchase only American-made

24 equipment and products.
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1 (b) In providing financial assistance under this Act,

2 the Secretary of the Treasury shall provide to each recipi3 ent of the assistance a notice describing the statement

4 made in subsection (a) by the Congress.

5 (TRANSFER OF FUNDS)

6 SEC. 123. During the current fiscal year, in addition

7 to any other transfer authority available to the Depart8 ment of Defense, amounts may be transferred from the

9 account established by section 2906(a)(1) of the Depart10 ment of Defense Authorization Act, 1991, to the fund es11 tablished by section 1013(d) of the Demonstration Cities

12 and Metropolitan Development Act of 1966 (42 U.S.C.

13 3374) to pay for expenses associated with the Home14 owners Assistance Program. Any amounts transferred

15 shall be merged with and be available for the same pur16 poses and for the same time period as the fund to which

17 transferred.

18 This Act may be cited as the ‘‘Military Construction

19 Appropriations Act, 1997’’.
Union Calendar No. 291

104TH CONGRESS

2D SESSION H. R. 3517

[Report No. 104–592]

A BILL

Making appropriations for military construction,

poses.ending September 30, 1997, and for other purfor the Department of Defense for the fiscal yearfamily housing, and base realignment and closure

MAY 23, 1996

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed