IIA

104TH CONGRESS

2D SESSION H. R. 3517

IN THE SENATE OF THE UNITED STATES

JUNE 3, 1996

Received; read twice and referred to the Committee on Appropriations

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,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 1997, for military con4 struction, family housing, and base realignment and clo5 sure functions administered by the Department of De6 fense, and for other purposes, namely:

7 MILITARY CONSTRUCTION, ARMY

8 For acquisition, construction, installation, and equip9 ment of temporary or permanent public works, military

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

11 currently authorized by law, including personnel in the

12 Army Corps of Engineers and other personal services nec13 essary for the purposes of this appropriation, and for con14 struction and operation of facilities in support of the func15 tions of the Commander in Chief, $603,584,000, to re16 main available until September 30, 2001: Provided, That

17 of this amount, not to exceed $54,384,000 shall be avail18 able for study, planning, design, architect and engineer

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

20 unless the Secretary of Defense determines that additional

21 obligations are necessary for such purposes and notifies

22 the Committees on Appropriations of both Houses of Con23 gress of his determination and the reasons therefor.
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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, to remain available until September

10 30, 2001: Provided, That of this amount, not to exceed

11 $50,959,000 shall be available for study, planning, design,

12 architect and engineer services, as authorized by law, un13 less the Secretary of Defense determines that additional

14 obligations are necessary for such purposes and notifies

15 the Committees on Appropriations of both Houses of Con16 gress of his determination and the reasons therefor: Pro17 vided further, That of the funds appropriated for ‘‘Military

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

19 $6,900,000 is hereby rescinded: Provided further, That of

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

21 under Public Law 102–380, $2,800,000 is hereby re22 scinded: Provided further, That of the funds appropriated

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

24 110, $2,300,000 is hereby rescinded.
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1 MILITARY CONSTRUCTION, AIR FORCE

2 For acquisition, construction, installation, and equip3 ment of temporary or permanent public works, military

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

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

6 available until September 30, 2001: Provided, That of this

7 amount, not to exceed $47,387,000 shall be available for

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

9 as authorized by law, unless the Secretary of Defense de10 termines that additional obligations are necessary for such

11 purposes and notifies the Committees on Appropriations

12 of both Houses of Congress of his determination and the

13 reasons therefor.

14 MILITARY CONSTRUCTION, DEFENSE-WIDE

15 (INCLUDING TRANSFER OF FUNDS)

16 For acquisition, construction, installation, and equip17 ment of temporary or permanent public works, installa18 tions, facilities, and real property for activities and agen19 cies of the Department of Defense (other than the military

20 departments), as currently authorized by law,

21 $772,345,000, to remain available until September 30,

22 2001: Provided, That such amounts of this appropriation

23 as may be determined by the Secretary of Defense may

24 be transferred to such appropriations of the Department

25 of Defense available for military construction or family
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1 housing as he may designate, to be merged with and to

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

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

4 Provided further, That of the amount appropriated, not

5 to exceed $12,239,000 shall be available for study, plan6 ning, design, architect and engineer services, as authorized

7 by law, unless the Secretary of Defense determines that

8 additional obligations are necessary for such purposes and

9 notifies the Committees on Appropriations of both Houses

10 of Congress of his determination and the reasons therefor.

11 DEPARTMENT OF DEFENSE MILITARY UNACCOMPANIED

12 HOUSING IMPROVEMENT FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 For the Department of Defense Military Unaccom15 panied Housing Improvement Fund, $10,000,000, to re16 main available until expended: Provided, That subject to

17 thirty days prior notification to the Committees on Appro18 priations, such additional amounts as may be determined

19 by the Secretary of Defense may be transferred to the

20 Fund from amounts appropriated in this Act for the ac21 quisition or construction of military unaccompanied hous22 ing in ‘‘Military Construction’’ accounts, to be merged

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

24 for the same period of time as amounts appropriated di25 rectly to the Fund: Provided further, That appropriations
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1 made available for the Fund in this Act shall be available

2 to cover the costs, as defined in section 502(5) of the Con3 gressional Budget Act of 1974, of direct loans and loan

4 guarantees issued by the Department of Defense pursuant

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

6 10, United States Code, pertaining to alternative means

7 of acquiring and improving military unaccompanied hous8 ing and ancillary supporting facilities.

9 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

10 For construction, acquisition, expansion, rehabilita11 tion, and conversion of facilities for the training and ad12 ministration of the Army National Guard, and contribu13 tions therefor, as authorized by chapter 133 of title 10,

14 United States Code, and military construction authoriza15 tion Acts, $41,316,000, to remain available until Septem16 ber 30, 2001.

17 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

18 For construction, acquisition, expansion, rehabilita19 tion, and conversion of facilities for the training and ad20 ministration of the Air National Guard, and contributions

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

22 States Code, and military construction authorization Acts,

23 $118,394,000, to remain available until September 30,

24 2001.
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1 MILITARY CONSTRUCTION, ARMY RESERVE

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

5 133 of title 10, United States Code, and military construc6 tion authorization Acts, $50,159,000, to remain available

7 until September 30, 2001.

8 MILITARY CONSTRUCTION, NAVAL RESERVE

9 For construction, acquisition, expansion, rehabilita10 tion, and conversion of facilities for the training and ad11 ministration of the reserve components of the Navy and

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

13 United States Code, and military construction authoriza14 tion Acts, $33,169,000, to remain available until Septem15 ber 30, 2001.

16 MILITARY CONSTRUCTION, AIR FORCE RESERVE

17 For construction, acquisition, expansion, rehabilita18 tion, and conversion of facilities for the training and ad19 ministration of the Air Force Reserve as authorized by

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

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

22 available until September 30, 2001.
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1 NORTH ATLANTIC TREATY ORGANIZATION

2 SECURITY INVESTMENT PROGRAM

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

4 Atlantic Treaty Organization Security Investment Pro5 gram for the acquisition and construction of military fa6 cilities and installations (including international military

7 headquarters) and for related expenses for the collective

8 defense of the North Atlantic Treaty Area as authorized

9 in military construction authorization Acts and section

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

11 remain available until expended.

12 FAMILY HOUSING, ARMY

13 For expenses of family housing for the Army for

14 constrution, including acquisition, replacement, addition,

15 expansion, extension and alteration and for operation and

16 maintenance, including debt payment, leasing, minor con17 struction, principal and interest charges, and insurance

18 premiums, as authorized by law, as follows: for Construc19 tion, $176,603,000, to remain available until September

20 30, 2001; for Operation and Maintenance, and for debt

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

22 FAMILY HOUSING, NAVY AND MARINE CORPS

23 For expenses of family housing for the Navy and Ma24 rine Corps for construction, including acquisition, replace25 ment, addition, expansion, extension and alteration and
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1 for operation and maintenance, including debt payment,

2 leasing, minor construction, principal and interest

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

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

5 available until September 30, 2001; for Operation and

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

7 all $1,590,697,000.

8 FAMILY HOUSING, AIR FORCE

9 For expenses of family housing for the Air Force for

10 construction, including acquisition, replacement, addition,

11 expansion, extension and alteration and for operation and

12 maintenance, including debt payment, leasing, minor con13 struction, principal and interest charges, and insurance

14 premiums, as authorized by law, as follows: for Construc15 tion, $304,068,000, to remain available until September

16 30, 2001; for Operation and Maintenance, and for debt

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

18 FAMILY HOUSING, DEFENSE-WIDE

19 For expenses of family housing for the activities and

20 agencies of the Department of Defense (other than the

21 military departments) for construction, including acquisi22 tion, replacement, addition, expansion, extension and al23 teration, and for operation and maintenance, leasing, and

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

25 Construction, $4,371,000, to remain available until Sep-
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1 tember 30, 2001; for Operation and Maintenance,

2 $30,963,000; in all $35,334,000.

3 DEPARTMENT OF DEFENSE FAMILY HOUSING

4 IMPROVEMENT FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 For the Department of Defense Family Housing Im7 provement Fund, $35,000,000, to remain available until

8 expended: Provided, That, subject to thirty days prior no9 tification to the Committees on Appropriations, such addi10 tional amounts as may be determined by the Secretary of

11 Defense may be transferred to the Fund from amounts

12 appropriated in this Act for construction in ‘‘Family

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

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

15 as amounts appropriated directly to the Fund: Provided

16 further, That appropriations made available to the Fund

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

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

19 1974, of direct loans or loan guarantees issued by the De20 partment of Defense pursuant to the provisions of sub21 chapter IV of Chapter 169, title 10, United States Code,

22 pertaining to alternative means of acquiring and improv23 ing military family housing and supporting facilities.
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1 HOMEOWNERS ASSISTANCE FUND, DEFENSE

2 For use in the Homeowners Assistance Fund estab3 lished by section 1013(d) of the Demonstration Cities and

4 Metropolitan Development Act of 1966, as amended (42

5 U.S.C. 3374), $36,181,000, to remain available until ex6 pended.

7 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II

8 For deposit into the Department of Defense Base

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

10 of the Department of Defense Authorization Act, 1991

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

12 until expended: Provided, That not more than

13 $223,789,000 of the funds appropriated herein shall be

14 available solely for environmental restoration, unless the

15 Secretary of Defense determines that additional obliga16 tions are necessary for such purposes and notifies the

17 Committees on Appropriations of both Houses of Congress

18 of his determination and the reasons therefor.

19 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III

20 For deposit into the Department of Defense Base

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

22 of the Department of Defense Authorization Act, 1991

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

24 until expended: Provided, That not more than

25 $351,967,000 of the funds appropriated herein shall be
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1 available solely for environmental restoration, unless the

2 Secretary of Defense determines that additional obliga3 tions are necessary for such purposes and notifies the

4 Committees on Appropriations of both Houses of Congress

5 of his determination and the reasons therefor.

6 BASE REALIGNMENT AND CLOSURE ACCOUNT, PART IV

7 For deposit into the Department of Defense Base

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

9 of the Department of Defense Authorization Act, 1991

10 (Public Law 101–510), $1,182,749,000, to remain avail11 able until expended: Provided, That not more than

12 $200,841,000 of the funds appropriated herein shall be

13 available solely for environmental restoration, unless the

14 Secretary of Defense determines that additional obliga15 tions are necessary for such purposes and notifies the

16 Committees on Appropriations of both Houses of Congress

17 of his determination and the reasons therefor.

18 GENERAL PROVISIONS

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

20 Construction Appropriations Acts shall be expended for

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

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

23 within the United States, except Alaska, without the spe24 cific approval in writing of the Secretary of Defense set25 ting forth the reasons therefor: Provided, That the fore-
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1 going shall not apply in the case of contracts for environ2 mental restoration at an installation that is being closed

3 or realigned where payments are made from a Base Re4 alignment and Closure Account.

5 SEC. 102. Funds appropriated to the Department of

6 Defense for construction shall be available for hire of pas7 senger motor vehicles.

8 SEC. 103. Funds appropriated to the Department of

9 Defense for construction may be used for advances to the

10 Federal Highway Administration, Department of Trans11 portation, for the construction of access roads as author12 ized by section 210 of title 23, United States Code, when

13 projects authorized therein are certified as important to

14 the national defense by the Secretary of Defense.

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

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

17 continental United States for which specific appropria18 tions have not been made.

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

20 Construction Appropriations Acts shall be used for pur21 chase of land or land easements in excess of 100 per cen22 tum of the value as determined by the Army Corps of En23 gineers or the Naval Facilities Engineering Command, ex24 cept (a) where there is a determination of value by a Fed25 eral court, or (b) purchases negotiated by the Attorney
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1 General or his designee, or (c) where the estimated value

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

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

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

5 Construction Appropriations Acts shall be used to (1) ac6 quire land, (2) provide for site preparation, or (3) install

7 utilities for any family housing, except housing for which

8 funds have been made available in annual Military Con9 struction Appropriations Acts.

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

11 Construction Appropriations Acts for minor construction

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

13 base or installation to another, without prior notification

14 to the Committees on Appropriations.

15 SEC. 108. No part of the funds appropriated in Mili16 tary Construction Appropriations Acts may be used for

17 the procurement of steel for any construction project or

18 activity for which American steel producers, fabricators,

19 and manufacturers have been denied the opportunity to

20 compete for such steel procurement.

21 SEC. 109. None of the funds available to the Depart22 ment of Defense for military construction or family hous23 ing during the current fiscal year may be used to pay real

24 property taxes in any foreign nation.
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1 SEC. 110. None of the funds appropriated in Military

2 Construction Appropriations Acts may be used to initiate

3 a new installation overseas without prior notification to

4 the Committees on Appropriations.

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

6 Construction Appropriations Acts may be obligated for ar7 chitect and engineer contracts estimated by the Govern8 ment to exceed $500,000 for projects to be accomplished

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

10 bordering the Arabian Gulf, unless such contracts are

11 awarded to United States firms or United States firms

12 in joint venture with host nation firms.

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

14 Construction Appropriations Acts for military construc15 tion in the United States territories and possessions in the

16 Pacific and on Kwajalein Atoll, or in countries bordering

17 the Arabian Gulf, may be used to award any contract esti18 mated by the Government to exceed $1,000,000 to a for19 eign contractor: Provided, That this section shall not be

20 applicable to contract awards for which the lowest respon21 sive and responsible bid of a United States contractor ex22 ceeds the lowest responsive and responsible bid of a for23 eign contractor by greater than 20 per centum.

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

25 appropriate Committees of Congress, including the Com-
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1 mittees on Appropriations, of the plans and scope of any

2 proposed military exercise involving United States person3 nel thirty days prior to its occurring, if amounts expended

4 for construction, either temporary or permanent, are an5 ticipated to exceed $100,000.

6 SEC. 114. Not more than 20 per centum of the appro7 priations in Military Construction Appropriations Acts

8 which are limited for obligation during the current fiscal

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

10 fiscal year.

11 (TRANSFER OF FUNDS)

12 SEC. 115. Funds appropriated to the Department of

13 Defense for construction in prior years shall be available

14 for construction authorized for each such military depart15 ment by the authorizations enacted into law during the

16 current session of Congress.

17 SEC. 116. For military construction or family housing

18 projects that are being completed with funds otherwise ex19 pired or lapsed for obligation, expired or lapsed funds may

20 be used to pay the cost of associated supervision, inspec21 tion, overhead, engineering and design on those projects

22 and on subsequent claims, if any.

23 SEC. 117. Notwithstanding any other provision of

24 law, any funds appropriated to a military department or

25 defense agency for the construction of military projects

26 may be obligated for a military construction project or
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1 contract, or for any portion of such a project or contract,

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

3 the fiscal year for which funds for such project were ap4 propriated if the funds obligated for such project (1) are

5 obligated from funds available for military construction

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

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

8 such project is increased pursuant to law.

9 (TRANSFER OF FUNDS)

10 SEC. 118. During the five-year period after appro11 priations available to the Department of Defense for mili12 tary construction and family housing operation and main13 tenance and construction have expired for obligation, upon

14 a determination that such appropriations will not be nec15 essary for the liquidation of obligations or for making au16 thorized adjustments to such appropriations for obliga17 tions incurred during the period of availability of such ap18 propriations, unobligated balances of such appropriations

19 may be transferred into the appropriation ‘‘Foreign Cur20 rency Fluctuations, Construction, Defense’’ to be merged

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

22 the same purposes as the appropriation to which trans23 ferred.

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

25 Committees on Appropriations of the Senate and the

26 House of Representatives with an annual report by Feb-
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1 ruary 15, containing details of the specific actions pro2 posed to be taken by the Department of Defense during

3 the current fiscal year to encourage other member nations

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

5 and United States allies bordering the Arabian Gulf to as6 sume a greater share of the common defense burden of

7 such nations and the United States.

8 (TRANSFER OF FUNDS)

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

10 to any other transfer authority available to the Depart11 ment of Defense, proceeds deposited to the Department

12 of Defense Base Closure Account established by section

13 207(a)(1) of the Defense Authorization Amendments and

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

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

16 transferred to the account established by section

17 2906(a)(1) of the Department of Defense Authorization

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

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

20 SEC. 121. No funds appropriated pursuant to this

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

22 that in expending the assistance the entity will comply

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

24 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer25 ican Act’’).
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1 SEC. 122. (a) In the case of any equipment or prod2 ucts that may be authorized to be purchased with financial

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

4 Congress that entities receiving such assistance should, in

5 expending the assistance, purchase only American-made

6 equipment and products.

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

8 the Secretary of the Treasury shall provide to each recipi9 ent of the assistance a notice describing the statement

10 made in subsection (a) by the Congress.

11 (TRANSFER OF FUNDS)

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

13 to any other transfer authority available to the Depart14 ment of Defense, amounts may be transferred from the

15 account established by section 2906(a)(1) of the Depart16 ment of Defense Authorization Act, 1991, to the fund es17 tablished by section 1013(d) of the Demonstration Cities

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

19 3374) to pay for expenses associated with the Home20 owners Assistance Program. Any amounts transferred

21 shall be merged with and be available for the same pur22 poses and for the same time period as the fund to which

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

2 Appropriations Act, 1997’’.

Attest: ROBIN H. CARLE,

Clerk.

By LINDA NAVE,

Deputy Clerk.