IB

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.

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 Ω1æ(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, Ω2æ$603,584,000

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

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

13 Ω3æ$54,384,000 $20,723,000 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 thereforΩ4æ: Provided further,

20 That 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22 rescinded.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, Ω5æ$724,476,000 $642,484,000, to remain available

10 until September 30, 2001: Provided, That of this amount,

11 not to exceed Ω6æ$50,959,000 $44,809,000 shall be avail12 able for study, planning, design, architect and engineer

13 services, as authorized by law, unless the Secretary of De14 fense determines that additional obligations are necessary

15 for such purposes and notifies the Committees on Appro16 priations of both Houses of Congress of his determination

17 and the reasons thereforΩ7æ:–Provided further, That of

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

19 under Public Law 102–136, $6,900,000 is hereby re20 scinded: Provided further, That of the funds appropriated

21 for ‘‘Military Construction, Navy’’ under Public Law 102–

22 380, Ω8æ$2,800,000 $9,000,000 is hereby rescinded: Pro23 vided further, That of the funds appropriated for ‘‘Military

24 Construction, Navy’’ under Public Law 103–110,

25 $2,300,000 is hereby rescinded.
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1 MILITARY CONSTRUCTION, AIR FORCE

2 Ω9æ(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, Ω10æ$678,914,000

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

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

9 Ω11æ$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 thereforΩ12æ: Provided further, That of the funds

16 appropriated for ‘‘Military Construction, Air Force’’ under

17 Public Law 103–307, $2,100,000 is hereby rescinded.

18 MILITARY CONSTRUCTION, DEFENSE-WIDE

19 (INCLUDING TRANSFER OF FUNDS Ω13æAND 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 Ω14æ$772,345,000 $771,758,000, to remain available until
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1 September 30, 2001: Provided, That such amounts of this

2 appropriation as may be determined by the Secretary of

3 Defense may be transferred to such appropriations of the

4 Department of Defense available for military construction

5 or 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 Ω15æ$12,239,000 $17,139,000 shall

10 be available for study, planning, design, architect and en11 gineer 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 thereforΩ16æ: Provided further,

16 That of the funds appropriated for ‘‘Military Construction,

17 Defense-wide’’ under Public Law 104–32, $7,000,000 is

18 hereby rescinded.

19 Ω17æDEPARTMENT OF DEFENSE MILITARY

20 UNACCOMPANIED 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, Ω18æ$41,316,000 $142,948,000, to remain

24 available until Ω19æSeptember 30, 2001. September 30,

25 2001: Provided, That of the amount made available under
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1 this heading, $10,800,000 shall be available for construc2 tion, phase III, at the Western Kentucky Training Site,

3 Kentucky, with the amount made available for such con4 struction to be derived from sums otherwise available under

5 this heading for minor construction.

6 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

7 For construction, acquisition, expansion, rehabilita8 tion, and conversion of facilities for the training and ad9 ministration of the Air National Guard, and contributions

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

11 States Code, and military construction authorization Acts,

12 Ω20æ$118,394,000 $224,444,000, to remain available until

13 September 30, 2001.

14 MILITARY CONSTRUCTION, ARMY RESERVE

15 For construction, acquisition, expansion, rehabilita16 tion, and conversion of facilities for the training and ad17 ministration of the Army Reserve as authorized by chapter

18 133 of title 10, United States Code, and military construc19 tion authorization Acts, Ω21æ$50,159,000 $75,474,000, to

20 remain available until September 30, 2001.

21 MILITARY CONSTRUCTION, NAVAL RESERVE

22 For construction, acquisition, expansion, rehabilita23 tion, and conversion of facilities for the training and ad24 ministration of the reserve components of the Navy and

25 Marine Corps as authorized by chapter 133 of title 10,
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1 United States Code, and military construction authoriza2 tion Acts, Ω22æ$33,169,000 $49,883,000, to remain avail3 able until September 30, 2001.

4 MILITARY CONSTRUCTION, AIR FORCE RESERVE

5 For construction, acquisition, expansion, rehabilita6 tion, and conversion of facilities for the training and ad7 ministration of the Air Force Reserve as authorized by

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

9 construction authorization Acts, Ω23æ$51,655,000

10 $67,805,000, to remain available until September 30,

11 2001.

12 NORTH ATLANTIC TREATY ORGANIZATION

13 SECURITY INVESTMENT PROGRAM

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

15 Atlantic Treaty Organization Security Investment Pro16 gram for the acquisition and construction of military fa17 cilities and installations (including international military

18 headquarters) and for related expenses for the collective

19 defense of the North Atlantic Treaty Area as authorized

20 in military construction authorization Acts and section

21 2806 of title 10, United States Code, Ω24æ$177,000,000

22 $172,000,000, to remain available until expended.

23 FAMILY HOUSING, ARMY

24 For expenses of family housing for the Army for

25 constrution, including acquisition, replacement, addition,
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1 expansion, extension and alteration and for operation and

2 maintenance, including debt payment, leasing, minor con3 struction, principal and interest charges, and insurance

4 premiums, as authorized by law, as follows: for Construc5 tion, Ω25æ$176,603,000 $189,319,000, to remain available

6 until September 30, 2001; for Operation and Mainte7 nance, and for debt payment, Ω26æ$1,257,466,000

8 $1,212,466,000; in all Ω27æ$1,434,069,000

9 $1,401,785,000.

10 FAMILY HOUSING, NAVY AND MARINE CORPS

11 For expenses of family housing for the Navy and Ma12 rine Corps for construction, including acquisition, replace13 ment, addition, expansion, extension and alteration and

14 for operation and maintenance, including debt payment,

15 leasing, minor construction, principal and interest

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

17 as follows: for Construction, Ω28æ$532,456,000

18 $418,326,000, to remain available until September 30,

19 2001; for Operation and Maintenance, and for debt pay20 ment, Ω29æ$1,058,241,000 $1,014,241,000; in all

21 Ω30æ$1,590,697,000 $1,432,567,000.

22 FAMILY HOUSING, AIR FORCE

23 For expenses of family housing for the Air Force for

24 construction, including acquisition, replacement, addition,

25 expansion, extension and alteration and for operation and
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1 maintenance, including debt payment, leasing, minor con2 struction, principal and interest charges, and insurance

3 premiums, as authorized by law, as follows: for Construc4 tion, Ω31æ$304,068,000 $291,464,000, to remain available

5 until September 30, 2001; for Operation and Mainte6 nance, and for debt payment, Ω32æ$840,474,000

7 $829,474,000; in all Ω33æ$1,144,542,000 $1,120,938,000.

8 FAMILY HOUSING, DEFENSE-WIDE

9 For expenses of family housing for the activities and

10 agencies of the Department of Defense (other than the

11 military departments) for construction, including acquisi12 tion, replacement, addition, expansion, extension and al13 teration, and for operation and maintenance, leasing, and

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

15 Construction, $4,371,000, to remain available until Sep16 tember 30, 2001; for Operation and Maintenance,

17 $30,963,000; in all $35,334,000.

18 DEPARTMENT OF DEFENSE FAMILY HOUSING

19 IMPROVEMENT FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 For the Department of Defense Family Housing Im22 provement Fund, Ω34æ$35,000,000 $20,000,000, to re23 main available until Ω35æexpended September 30, 2001:

24 Provided, That, subject to thirty days prior notification

25 to the Committees on Appropriations, such additional
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1 amounts as may be determined by the Secretary of De2 fense may be transferred to the Fund from amounts ap3 propriated Ω36æin this Act for construction in ‘‘Family

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

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

6 as amounts appropriated directly to the Fund: Provided

7 further, That appropriations made available to the Fund

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

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

10 1974, of direct loans or loan guarantees issued by the De11 partment of Defense pursuant to the provisions of sub12 chapter IV of Chapter 169, title 10, United States Code,

13 pertaining to alternative means of acquiring and improv14 ing military family housing and supporting facilities.

15 HOMEOWNERS ASSISTANCE FUND, DEFENSE

16 For use in the Homeowners Assistance Fund estab17 lished by section 1013(d) of the Demonstration Cities and

18 Metropolitan Development Act of 1966, as amended (42

19 U.S.C. 3374), $36,181,000, to remain available until ex20 pended.

21 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II

22 For deposit into the Department of Defense Base

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

24 of the Department of Defense Authorization Act, 1991

25 (Public Law 101–510), $352,800,000, to remain available
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1 until expended: Provided, That not more than

2 $223,789,000 of the funds appropriated herein shall be

3 available solely for environmental restoration, unless the

4 Secretary of Defense determines that additional obliga5 tions are necessary for such purposes and notifies the

6 Committees on Appropriations of both Houses of Congress

7 of his determination and the reasons therefor.

8 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III

9 For deposit into the Department of Defense Base

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

11 of the Department of Defense Authorization Act, 1991

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

13 until expended: Provided, That not more than

14 $351,967,000 of the funds appropriated herein shall be

15 available solely for environmental restoration, unless the

16 Secretary of Defense determines that additional obliga17 tions are necessary for such purposes and notifies the

18 Committees on Appropriations of both Houses of Congress

19 of his determination and the reasons therefor.

20 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART IV

21 For deposit into the Department of Defense Base

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

23 of the Department of Defense Authorization Act, 1991

24 (Public Law 101–510), $1,182,749,000, to remain avail25 able until expended: Provided, That not more than
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1 $200,841,000 of the funds appropriated herein shall be

2 available solely for environmental restoration, unless the

3 Secretary of Defense determines that additional obliga4 tions are necessary for such purposes and notifies the

5 Committees on Appropriations of both Houses of Congress

6 of his determination and the reasons therefor.

7 GENERAL PROVISIONS

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

9 Construction Appropriations Acts shall be expended for

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

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

12 within the United States, except Alaska, without the spe13 cific approval in writing of the Secretary of Defense set14 ting forth the reasons therefor: Provided, That the fore15 going shall not apply in the case of contracts for environ16 mental restoration at an installation that is being closed

17 or realigned where payments are made from a Base Re18 alignment and Closure Account.

19 SEC. 102. Funds appropriated to the Department of

20 Defense for construction shall be available for hire of pas21 senger motor vehicles.

22 SEC. 103. Funds appropriated to the Department of

23 Defense for construction may be used for advances to the

24 Federal Highway Administration, Department of Trans25 portation, for the construction of access roads as author-
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1 ized by section 210 of title 23, United States Code, when

2 projects authorized therein are certified as important to

3 the national defense by the Secretary of Defense.

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

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

6 continental United States for which specific appropria7 tions have not been made.

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

9 Construction Appropriations Acts shall be used for pur10 chase of land or land easements in excess of 100 per cen11 tum of the value as determined by the Army Corps of En12 gineers or the Naval Facilities Engineering Command, ex13 cept (a) where there is a determination of value by a Fed14 eral court, or (b) purchases negotiated by the Attorney

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

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

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

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

19 Construction Appropriations Acts shall be used to (1) ac20 quire land, (2) provide for site preparation, or (3) install

21 utilities for any family housing, except housing for which

22 funds have been made available in annual Military Con23 struction Appropriations Acts.

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

25 Construction Appropriations Acts for minor construction
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1 may be used to transfer or relocate any activity from one

2 base or installation to another, without prior notification

3 to the Committees on Appropriations.

4 SEC. 108. No part of the funds appropriated in Mili5 tary Construction Appropriations Acts may be used for

6 the procurement of steel for any construction project or

7 activity for which American steel producers, fabricators,

8 and manufacturers have been denied the opportunity to

9 compete for such steel procurement.

10 SEC. 109. None of the funds available to the Depart11 ment of Defense for military construction or family hous12 ing during the current fiscal year may be used to pay real

13 property taxes in any foreign nation.

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

15 Construction Appropriations Acts may be used to initiate

16 a new installation overseas without prior notification to

17 the Committees on Appropriations.

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

19 Construction Appropriations Acts may be obligated for ar20 chitect and engineer contracts estimated by the Govern21 ment to exceed $500,000 for projects to be accomplished

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

23 bordering the Arabian Gulf, unless such contracts are

24 awarded to United States firms or United States firms

25 in joint venture with host nation firms.
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1 SEC. 112. None of the funds appropriated in Military

2 Construction Appropriations Acts for military construc3 tion in the United States territories and possessions in the

4 Pacific and on Kwajalein Atoll, or in countries bordering

5 the Arabian Gulf, may be used to award any contract esti6 mated by the Government to exceed $1,000,000 to a for7 eign contractor: Provided, That this section shall not be

8 applicable to contract awards for which the lowest respon9 sive and responsible bid of a United States contractor ex10 ceeds the lowest responsive and responsible bid of a for11 eign contractor by greater than 20 per centum.

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

13 appropriate Committees of Congress, including the Com14 mittees on Appropriations, of the plans and scope of any

15 proposed military exercise involving United States person16 nel thirty days prior to its occurring, if amounts expended

17 for construction, either temporary or permanent, are an18 ticipated to exceed $100,000.

19 SEC. 114. Not more than 20 per centum of the appro20 priations in Military Construction Appropriations Acts

21 which are limited for obligation during the current fiscal

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

23 fiscal year.

24 (TRANSFER OF FUNDS)

25 SEC. 115. Funds appropriated to the Department of

26 Defense for construction in prior years shall be available
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1 for construction authorized for each such military depart2 ment by the authorizations enacted into law during the

3 current session of Congress.

4 SEC. 116. For military construction or family housing

5 projects that are being completed with funds otherwise ex6 pired or lapsed for obligation, expired or lapsed funds may

7 be used to pay the cost of associated supervision, inspec8 tion, overhead, engineering and design on those projects

9 and on subsequent claims, if any.

10 SEC. 117. Notwithstanding any other provision of

11 law, any funds appropriated to a military department or

12 defense agency for the construction of military projects

13 may be obligated for a military construction project or

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

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

16 the fiscal year for which funds for such project were ap17 propriated if the funds obligated for such project (1) are

18 obligated from funds available for military construction

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

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

21 such project is increased pursuant to law.

22 (TRANSFER OF FUNDS)

23 SEC. 118. During the five-year period after appro24 priations available to the Department of Defense for mili25 tary construction and family housing operation and main26 tenance and construction have expired for obligation, upon
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1 a determination that such appropriations will not be nec2 essary for the liquidation of obligations or for making au3 thorized adjustments to such appropriations for obliga4 tions incurred during the period of availability of such ap5 propriations, unobligated balances of such appropriations

6 may be transferred into the appropriation ‘‘Foreign Cur7 rency Fluctuations, Construction, Defense’’ to be merged

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

9 the same purposes as the appropriation to which trans10 ferred.

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

12 Committees on Appropriations of the Senate and the

13 House of Representatives with an annual report by Feb14 ruary 15, containing details of the specific actions pro15 posed to be taken by the Department of Defense during

16 the current fiscal year to encourage other member nations

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

18 and United States allies bordering the Arabian Gulf to as19 sume a greater share of the common defense burden of

20 such nations and the United States.

21 (TRANSFER OF FUNDS)

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

23 to any other transfer authority available to the Depart24 ment of Defense, proceeds deposited to the Department

25 of Defense Base Closure Account established by section

26 207(a)(1) of the Defense Authorization Amendments and
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1 Base Closure and Realignment Act (Public Law 100–526)

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

3 transferred to the account established by section

4 2906(a)(1) of the Department of Defense Authorization

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

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

7 Ω37æSEC. 121. No funds appropriated pursuant to

8 this Act may be expended by an entity unless the entity

9 agrees that in expending the assistance the entity will

10 comply with sections 2 through 4 of the Act of March 3,

11 1933 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy

12 American Act’’).

13 Ω38æSEC. 122. (a) In the case of any equipment or

14 products that may be authorized to be purchased with fi15 nancial assistance provided under this Act, it is the sense

16 of the Congress that entities receiving such assistance

17 should, in expending the assistance, purchase only Amer18 ican-made equipment and products.

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

20 the Secretary of the Treasury shall provide to each recipi21 ent of the assistance a notice describing the statement

22 made in subsection (a) by the Congress.

23 Ω39æSEC. 121. The National Guard Bureau shall an24 nually prepare a future years defense plan based on the re25 quirement and priorities of the National Guard: Provided,
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1 That this plan shall be presented to the committees of Con2 gress concurrent with the President’s budget submission for

3 each fiscal year.

4 Ω40æSEC. 122. No funds from the Base Realignment

5 and Closure accounts shall be used to pay for fines or pen6 alties resulting from violations of any law pertaining to

7 the environment.

8 (TRANSFER OF FUNDS)

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

10 to any other transfer authority available to the Depart11 ment of Defense, amounts may be transferred from the

12 account established by section 2906(a)(1) of the Depart13 ment of Defense Authorization Act, 1991, to the fund es14 tablished by section 1013(d) of the Demonstration Cities

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

16 3374) to pay for expenses associated with the Home17 owners Assistance Program. Any amounts transferred

18 shall be merged with and be available for the same pur19 poses and for the same time period as the fund to which

20 transferred.
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1 This Act may be cited as the ‘‘Military Construction

2 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.