Calendar No. 448

104TH CONGRESS

2D SESSION H. R. 3517

[Report No. 104–287]

AN ACT

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

JUNE 20, 1996

Reported with amendments
II

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.

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 con6 struction, family housing, and base realignment and clo7 sure functions administered by the Department of De8 fense, and for other purposes, namely:
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1 MILITARY CONSTRUCTION, ARMY

2 (INCLUDING RESCISSIONS)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, military

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

6 currently authorized by law, including personnel in the

7 Army Corps of Engineers and other personal services nec8 essary for the purposes of this appropriation, and for con9 struction and operation of facilities in support of the func10 tions of the Commander in Chief, $603,584,000

11 $448,973,000, to remain available until September 30,

12 2001: Provided, That of this amount, not to exceed

13 $54,384,000 $37,323,000 shall be available for study,

14 planning, design, architect and engineer services, and host

15 nation support, as authorized by law, unless the Secretary

16 of Defense determines that additional obligations are nec17 essary for such purposes and notifies the Committees on

18 Appropriations of both Houses of Congress of his deter19 mination and the reasons therefor: Provided further, That

20 of the funds appropriated for ‘‘Military Construction,

21 Army’’ under Public Law 103–110, $2,028,000 is hereby

22 rescinded.
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1 MILITARY CONSTRUCTION, NAVY

2 (INCLUDING RESCISSIONS)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, naval in5 stallations, facilities, and real property for the Navy as

6 currently authorized by law, including personnel in the

7 Naval Facilities Engineering Command and other per8 sonal services necessary for the purposes of this appropria9 tion, $724,476,000 $642,484,000, to remain available until

10 September 30, 2001: Provided, That of this amount, not

11 to exceed $50,959,000 $53,709,000 shall be available for

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

13 as authorized by law, unless the Secretary of Defense de14 termines that additional obligations are necessary for such

15 purposes and notifies the Committees on Appropriations

16 of both Houses of Congress of his determination and the

17 reasons therefor: Provided further, That of the funds ap18 propriated for ‘‘Military Construction, Navy’’ under Public

19 Law 102–136, $6,900,000 is hereby rescinded: Provided

20 further, That of the funds appropriated for ‘‘Military Con21 struction, Navy’’ under Public Law 102–380, $2,800,000

22 $9,000,000 is hereby rescinded: Provided further, That of

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

24 under Public Law 103–110, $2,300,000 is hereby re25 scinded.
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1 MILITARY CONSTRUCTION, AIR FORCE

2 (INCLUDING RESCISSIONS)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, military

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

6 as currently authorized by law, $678,914,000

7 $704,689,000, to remain available until September 30,

8 2001: Provided, That of this amount, not to exceed

9 $47,387,000 $29,797,000 shall be available for study,

10 planning, design, architect and engineer services, as au11 thorized by law, unless the Secretary of Defense deter12 mines that additional obligations are necessary for such

13 purposes and notifies the Committees on Appropriations

14 of both Houses of Congress of his determination and the

15 reasons therefor: Provided further, That of the funds appro16 priated for ‘‘Military Construction, Air Force’’ under Pub17 lic Law 103–307, $2,100,000 is hereby rescinded.

18 MILITARY CONSTRUCTION, DEFENSE-WIDE

19 (INCLUDING TRANSFER OF FUNDS AND RESCISSIONS)

20 For acquisition, construction, installation, and equip21 ment of temporary or permanent public works, installa22 tions, facilities, and real property for activities and agen23 cies of the Department of Defense (other than the military

24 departments), as currently authorized by law,

25 $772,345,000 $771,758,000, to remain available until Sep-
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1 tember 30, 2001: Provided, That such amounts of this ap2 propriation as may be determined by the Secretary of De3 fense may be transferred to such appropriations of the De4 partment of Defense available for military construction or

5 family housing as he may designate, to be merged with

6 and to be available for the same purposes, and for the

7 same time period, as the appropriation or fund to which

8 transferred: Provided further, That of the amount appro9 priated, not to exceed $12,239,000 $17,139,000 shall be

10 available for study, planning, design, architect and engi11 neer services, as authorized by law, unless the Secretary

12 of Defense determines that additional obligations are nec13 essary for such purposes and notifies the Committees on

14 Appropriations of both Houses of Congress of his deter15 mination and the reasons therefor: Provided further, That

16 of the funds appropriated for ‘‘Military Construction, De17 fense-wide’’ under Public Law 104–32, $7,000,000 is hereby

18 rescinded.

19 DEPARTMENT OF DEFENSE MILITARY UNACCOMPANIED

20 HOUSING IMPROVEMENT FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For the Department of Defense Military Unaccom23 panied Housing Improvement Fund, $10,000,000, to re24 main available until expended: Provided, That subject to

25 thirty days prior notification to the Committees on Appro-
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1 priations, such additional amounts as may be determined

2 by the Secretary of Defense may be transferred to the

3 Fund from amounts appropriated in this Act for the ac4 quisition or construction of military unaccompanied hous5 ing in ‘‘Military Construction’’ accounts, to be merged

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

7 for the same period of time as amounts appropriated di8 rectly to the Fund: Provided further, That appropriations

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

10 to cover the costs, as defined in section 502(5) of the Con11 gressional Budget Act of 1974, of direct loans and loan

12 guarantees issued by the Department of Defense pursuant

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

14 10, United States Code, pertaining to alternative means

15 of acquiring and improving military unaccompanied hous16 ing and ancillary supporting facilities.

17 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

18 For construction, acquisition, expansion, rehabilita19 tion, and conversion of facilities for the training and ad20 ministration of the Army National Guard, and contribu21 tions therefor, as authorized by chapter 133 of title 10,

22 United States Code, and military construction authoriza23 tion Acts, $41,316,000 $142,948,000, to remain available

24 until September 30, 2001.
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1 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Air National Guard, and contributions

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

6 States Code, and military construction authorization Acts,

7 $118,394,000 $224,444,000, to remain available until Sep8 tember 30, 2001.

9 MILITARY CONSTRUCTION, ARMY RESERVE

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

13 133 of title 10, United States Code, and military construc14 tion authorization Acts, $50,159,000 $75,474,000, to re15 main available until September 30, 2001.

16 MILITARY CONSTRUCTION, NAVAL RESERVE

17 For construction, acquisition, expansion, rehabilita18 tion, and conversion of facilities for the training and ad19 ministration of the reserve components of the Navy and

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

21 United States Code, and military construction authoriza22 tion Acts, $33,169,000 $49,883,000, to remain available

23 until September 30, 2001.
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1 MILITARY CONSTRUCTION, AIR FORCE RESERVE

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Air Force Reserve as authorized by

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

6 construction authorization Acts, $51,655,000 $67,805,000,

7 to remain available until September 30, 2001.

8 NORTH ATLANTIC TREATY ORGANIZATION

9 SECURITY INVESTMENT PROGRAM

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

11 Atlantic Treaty Organization Security Investment Pro12 gram for the acquisition and construction of military fa13 cilities and installations (including international military

14 headquarters) and for related expenses for the collective

15 defense of the North Atlantic Treaty Area as authorized

16 in military construction authorization Acts and section

17 2806 of title 10, United States Code, $177,000,000

18 $172,000,000, to remain available until expended.

19 FAMILY HOUSING, ARMY

20 For expenses of family housing for the Army for

21 constrution, including acquisition, replacement, addition,

22 expansion, extension and alteration and for operation and

23 maintenance, including debt payment, leasing, minor con24 struction, principal and interest charges, and insurance

25 premiums, as authorized by law, as follows: for Construc-
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1 tion, $176,603,000 $189,319,000, to remain available until

2 September 30, 2001; for Operation and Maintenance, and

3 for debt payment, $1,257,466,000 $1,212,466,000; in all

4 $1,434,069,000 $1,401,785,000.

5 FAMILY HOUSING, NAVY AND MARINE CORPS

6 For expenses of family housing for the Navy and Ma7 rine Corps for construction, including acquisition, replace8 ment, addition, expansion, extension and alteration and

9 for operation and maintenance, including debt payment,

10 leasing, minor construction, principal and interest

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

12 as follows: for Construction, $532,456,000 $418,326,000,

13 to remain available until September 30, 2001; for Oper14 ation and Maintenance, and for debt payment,

15 $1,058,241,000 $1,014,241,000; in all $1,590,697,000

16 $1,432,567,000.

17 FAMILY HOUSING, AIR FORCE

18 For expenses of family housing for the Air Force for

19 construction, including acquisition, replacement, addition,

20 expansion, extension and alteration and for operation and

21 maintenance, including debt payment, leasing, minor con22 struction, principal and interest charges, and insurance

23 premiums, as authorized by law, as follows: for Construc24 tion, $304,068,000 $291,464,000, to remain available until

25 September 30, 2001; for Operation and Maintenance, and
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1 for debt payment, $840,474,000 $829,474,000; in all

2 $1,144,542,000 $1,120,938,000.

3 FAMILY HOUSING, DEFENSE-WIDE

4 For expenses of family housing for the activities and

5 agencies of the Department of Defense (other than the

6 military departments) for construction, including acquisi7 tion, replacement, addition, expansion, extension and al8 teration, and for operation and maintenance, leasing, and

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

10 Construction, $4,371,000, to remain available until Sep11 tember 30, 2001; for Operation and Maintenance,

12 $30,963,000; in all $35,334,000.

13 DEPARTMENT OF DEFENSE FAMILY HOUSING

14 IMPROVEMENT FUND

15 (INCLUDING TRANSFER OF FUNDS)

16 For the Department of Defense Family Housing Im17 provement Fund, $35,000,000 $20,000,000, to remain

18 available until expended September 30, 2001: Provided,

19 That, subject to thirty days prior notification to the Com20 mittees on Appropriations, such additional amounts as

21 may be determined by the Secretary of Defense may be

22 transferred to the Fund from amounts appropriated in

23 this Act for construction in ‘‘Family Housing’’ accounts,

24 to be merged with and to be available for the same pur25 poses and for the same period of time as amounts appro-
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1 priated directly to the Fund: Provided further, That appro2 priations made available to the Fund in this Act shall be

3 available to cover the costs, as defined in section 502(5)

4 of the Congressional Budget Act of 1974, of direct loans

5 or loan guarantees issued by the Department of Defense

6 pursuant to the provisions of subchapter IV of Chapter

7 169, title 10, United States Code, pertaining to alternative

8 means of acquiring and improving military family housing

9 and supporting facilities.

10 HOMEOWNERS ASSISTANCE FUND, DEFENSE

11 For use in the Homeowners Assistance Fund estab12 lished by section 1013(d) of the Demonstration Cities and

13 Metropolitan Development Act of 1966, as amended (42

14 U.S.C. 3374), $36,181,000, to remain available until ex15 pended.

16 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II

17 For deposit into the Department of Defense Base

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

19 of the Department of Defense Authorization Act, 1991

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

21 until expended: Provided, That not more than

22 $223,789,000 of the funds appropriated herein shall be

23 available solely for environmental restoration, unless the

24 Secretary of Defense determines that additional obliga25 tions are necessary for such purposes and notifies the
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1 Committees on Appropriations of both Houses of Congress

2 of his determination and the reasons therefor.

3 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III

4 For deposit into the Department of Defense Base

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

6 of the Department of Defense Authorization Act, 1991

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

8 until expended: Provided, That not more than

9 $351,967,000 of the funds appropriated herein shall be

10 available solely for environmental restoration, unless the

11 Secretary of Defense determines that additional obliga12 tions are necessary for such purposes and notifies the

13 Committees on Appropriations of both Houses of Congress

14 of his determination and the reasons therefor.

15 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART IV

16 For deposit into the Department of Defense Base

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

18 of the Department of Defense Authorization Act, 1991

19 (Public Law 101–510), $1,182,749,000, to remain avail20 able until expended: Provided, That not more than

21 $200,841,000 of the funds appropriated herein shall be

22 available solely for environmental restoration, unless the

23 Secretary of Defense determines that additional obliga24 tions are necessary for such purposes and notifies the
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1 Committees on Appropriations of both Houses of Congress

2 of his determination and the reasons therefor.

3 GENERAL PROVISIONS

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

5 Construction Appropriations Acts shall be expended for

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

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

8 within the United States, except Alaska, without the spe9 cific approval in writing of the Secretary of Defense set10 ting forth the reasons therefor: Provided, That the fore11 going shall not apply in the case of contracts for environ12 mental restoration at an installation that is being closed

13 or realigned where payments are made from a Base Re14 alignment and Closure Account.

15 SEC. 102. Funds appropriated to the Department of

16 Defense for construction shall be available for hire of pas17 senger motor vehicles.

18 SEC. 103. Funds appropriated to the Department of

19 Defense for construction may be used for advances to the

20 Federal Highway Administration, Department of Trans21 portation, for the construction of access roads as author22 ized by section 210 of title 23, United States Code, when

23 projects authorized therein are certified as important to

24 the national defense by the Secretary of Defense.
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1 SEC. 104. None of the funds appropriated in this Act

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

3 continental United States for which specific appropria4 tions have not been made.

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

6 Construction Appropriations Acts shall be used for pur7 chase of land or land easements in excess of 100 per cen8 tum of the value as determined by the Army Corps of En9 gineers or the Naval Facilities Engineering Command, ex10 cept (a) where there is a determination of value by a Fed11 eral court, or (b) purchases negotiated by the Attorney

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

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

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

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

16 Construction Appropriations Acts shall be used to (1) ac17 quire land, (2) provide for site preparation, or (3) install

18 utilities for any family housing, except housing for which

19 funds have been made available in annual Military Con20 struction Appropriations Acts.

21 SEC. 107. None of the funds appropriated in Military

22 Construction Appropriations Acts for minor construction

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

24 base or installation to another, without prior notification

25 to the Committees on Appropriations.
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1 SEC. 108. No part of the funds appropriated in Mili2 tary Construction Appropriations Acts may be used for

3 the procurement of steel for any construction project or

4 activity for which American steel producers, fabricators,

5 and manufacturers have been denied the opportunity to

6 compete for such steel procurement.

7 SEC. 109. None of the funds available to the Depart8 ment of Defense for military construction or family hous9 ing during the current fiscal year may be used to pay real

10 property taxes in any foreign nation.

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

12 Construction Appropriations Acts may be used to initiate

13 a new installation overseas without prior notification to

14 the Committees on Appropriations.

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

16 Construction Appropriations Acts may be obligated for ar17 chitect and engineer contracts estimated by the Govern18 ment to exceed $500,000 for projects to be accomplished

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

20 bordering the Arabian Gulf, unless such contracts are

21 awarded to United States firms or United States firms

22 in joint venture with host nation firms.

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

24 Construction Appropriations Acts for military construc25 tion in the United States territories and possessions in the
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1 Pacific and on Kwajalein Atoll, or in countries bordering

2 the Arabian Gulf, may be used to award any contract esti3 mated by the Government to exceed $1,000,000 to a for4 eign contractor: Provided, That this section shall not be

5 applicable to contract awards for which the lowest respon6 sive and responsible bid of a United States contractor ex7 ceeds the lowest responsive and responsible bid of a for8 eign contractor by greater than 20 per centum.

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

10 appropriate Committees of Congress, including the Com11 mittees on Appropriations, of the plans and scope of any

12 proposed military exercise involving United States person13 nel thirty days prior to its occurring, if amounts expended

14 for construction, either temporary or permanent, are an15 ticipated to exceed $100,000.

16 SEC. 114. Not more than 20 per centum of the appro17 priations in Military Construction Appropriations Acts

18 which are limited for obligation during the current fiscal

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

20 fiscal year.

21 (TRANSFER OF FUNDS)

22 SEC. 115. Funds appropriated to the Department of

23 Defense for construction in prior years shall be available

24 for construction authorized for each such military depart25 ment by the authorizations enacted into law during the

26 current session of Congress.
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1 SEC. 116. For military construction or family housing

2 projects that are being completed with funds otherwise ex3 pired or lapsed for obligation, expired or lapsed funds may

4 be used to pay the cost of associated supervision, inspec5 tion, overhead, engineering and design on those projects

6 and on subsequent claims, if any.

7 SEC. 117. Notwithstanding any other provision of

8 law, any funds appropriated to a military department or

9 defense agency for the construction of military projects

10 may be obligated for a military construction project or

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

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

13 the fiscal year for which funds for such project were ap14 propriated if the funds obligated for such project (1) are

15 obligated from funds available for military construction

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

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

18 such project is increased pursuant to law.

19 (TRANSFER OF FUNDS)

20 SEC. 118. During the five-year period after appro21 priations available to the Department of Defense for mili22 tary construction and family housing operation and main23 tenance and construction have expired for obligation, upon

24 a determination that such appropriations will not be nec25 essary for the liquidation of obligations or for making au26 thorized adjustments to such appropriations for obliga-
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1 tions incurred during the period of availability of such ap2 propriations, unobligated balances of such appropriations

3 may be transferred into the appropriation ‘‘Foreign Cur4 rency Fluctuations, Construction, Defense’’ to be merged

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

6 the same purposes as the appropriation to which trans7 ferred.

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

9 Committees on Appropriations of the Senate and the

10 House of Representatives with an annual report by Feb11 ruary 15, containing details of the specific actions pro12 posed to be taken by the Department of Defense during

13 the current fiscal year to encourage other member nations

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

15 and United States allies bordering the Arabian Gulf to as16 sume a greater share of the common defense burden of

17 such nations and the United States.

18 (TRANSFER OF FUNDS)

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

20 to any other transfer authority available to the Depart21 ment of Defense, proceeds deposited to the Department

22 of Defense Base Closure Account established by section

23 207(a)(1) of the Defense Authorization Amendments and

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

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

26 transferred to the account established by section
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1 2906(a)(1) of the Department of Defense Authorization

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

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

4 SEC. 121. No funds appropriated pursuant to this

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

6 that in expending the assistance the entity will comply

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

8 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer9 ican Act’’).

10 SEC. 122. (a) In the case of any equipment or prod11 ucts that may be authorized to be purchased with financial

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

13 Congress that entities receiving such assistance should, in

14 expending the assistance, purchase only American-made

15 equipment and products.

16 (b) In providing financial assistance under this Act,

17 the Secretary of the Treasury shall provide to each recipi18 ent of the assistance a notice describing the statement

19 made in subsection (a) by the Congress.

20 SEC. 121. The National Guard Bureau shall annually

21 prepare a future years defense plan based on the require22 ment and priorities of the National Guard: Provided, That

23 this plan shall be presented to the committees of Congress

24 concurrent with the President’s budget submission for each

25 fiscal year.
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1 SEC. 122. No funds from the Base Realignment and

2 Closure accounts shall be used to pay for fines or penalties

3 resulting from violations of any law pertaining to the envi4 ronment.

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’’.

Passed the House of Representatives May 30, 1996.

Attest: ROBIN H. CARLE,

Clerk.

By LINDA NAVE,

Deputy Clerk.