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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1817 Reported in Senate (RS)]

                                                       Calendar No. 148
104th CONGRESS
  1st Session
                                H. R. 1817

                          [Report No. 104-116]

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                June 21 (legislative day, June 19), 1995

  Received; read twice and referred to the Committee on Appropriations

                July 19 (legislative day, July 10), 1995

                 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, 1996, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 1996, for 
military construction, family housing, and base realignment and closure 
functions administered by the Department of Defense, and for other 
purposes, namely:

                      Military Construction, Army
                        (including rescissions)
    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Army as currently authorized by 
law, including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, and 
for construction and operation of facilities in support of the 
functions of the Commander in Chief, <DELETED>$611,608,000 
</DELETED>$496,664,000, to remain available until September 30, 2000: 
Provided, That of this amount, not to exceed <DELETED>$50,778,000 
</DELETED>$44,034,000 shall be available for study, planning, design, 
architect and engineer services, as authorized by law, unless the 
Secretary of Defense determines that additional obligations are 
necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of his determination and the 
reasons therefor: Provided further, That of the funds appropriated for 
``Military Construction, Army'' under Public Law 102-143, $6,245,000 is 
hereby rescinded.

                      Military Construction, Navy

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy as currently authorized by law, 
including personnel in the Naval Facilities Engineering Command and 
other personal services necessary for the purposes of this 
appropriation, <DELETED>$588,243,000 </DELETED>$542,186,000, to remain 
available until September 30, 2000: Provided, That of this amount, not 
to exceed <DELETED>$66,184,000 </DELETED>$49,477,000 shall be available 
for study, planning, design, architect and engineer services, as 
authorized by law, unless the Secretary of Defense determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of his 
determination and the reasons therefor.
                    Military Construction, Air Force
                        (including rescissions)
    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Air Force as currently authorized 
by law, <DELETED>$578,841,000 </DELETED>$532,616,000, to remain 
available until September 30, 2000: Provided, That of this amount, not 
to exceed <DELETED>$49,021,000 </DELETED>$23,894,000 shall be available 
for study, planning, design, architect and engineer services, as 
authorized by law, unless the Secretary of Defense determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of his 
determination and the reasons therefor: Provided further, That of the 
funds appropriated for ``Military Construction, Air Force'' under 
Public Law 102-136, $2,765,000 is hereby rescinded: Provided further, 
That of the funds appropriated for ``Military Construction, Air Force'' 
under Public Law 102-368, $13,240,000 is hereby rescinded.

                  Military Construction, Defense-wide

             (including transfer of funds and rescissions)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of Defense 
(other than the military departments), as currently authorized by law, 
<DELETED>$728,332,000 </DELETED>$818,078,000, to remain available until 
September 30, 2000: Provided, That such amounts of this appropriation 
as may be determined by the Secretary of Defense may be transferred to 
such appropriations of the Department of Defense available for military 
construction or family housing as he may designate, to be merged with 
and to be available for the same purposes, and for the same time 
period, as the appropriation or fund to which transferred: Provided 
further, That of the amount appropriated, not to exceed 
<DELETED>$68,837,000 </DELETED>$83,992,000 shall be available for 
study, planning, design, architect and engineer services, as authorized 
by law, unless the Secretary of Defense determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of his determination and 
the reasons therefor: Provided further, That of the funds appropriated 
for ``Military Construction, Defense-wide'' under Public Law 101-519, 
$3,234,000 is hereby rescinded: Provided further, That of the funds 
appropriated for ``Military Construction, Defense-wide'' under Public 
Law 102-136, $6,800,000 is hereby rescinded: Provided further, That of 
the funds appropriated for ``Military Construction, Defense-wide'' 
under Public Law 102-380, $8,590,000 is hereby rescinded: Provided 
further, That of the funds appropriated for ``Military Construction, 
Defense-wide'' under Public Law 103-110, $8,131,000 is hereby 
rescinded.
               Military Construction, Army National Guard
                        (including rescissions)
    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized by 
chapter 133 of title 10, United States Code, and military construction 
authorization Acts, <DELETED>$72,537,000 </DELETED>$93,121,000, to 
remain available until September 30, 2000.

               Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
133 of title 10, United States Code, and military construction 
authorization Acts, <DELETED>$118,267,000 </DELETED>$134,422,000, to 
remain available until September 30, 2000: Provided, That of the funds 
appropriated for ``Military Construction, Air National Guard'' under 
Public Law 103-110, $6,700,000 is hereby rescinded.

                  Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 133 of title 10, United States 
Code, and military construction authorization Acts, 
<DELETED>$42,963,000 </DELETED>$48,141,000, to remain available until 
September 30, 2000.

                  Military Construction, Naval Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 133 of title 10, United States Code, and military construction 
authorization Acts, <DELETED>$19,655,000 </DELETED>$7,920,000, to 
remain available until September 30, 2000.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 133 of title 10, United States 
Code, and military construction authorization Acts, 
<DELETED>$31,502,000 </DELETED>$32,297,000, to remain available until 
September 30, 2000.

                   North Atlantic Treaty Organization

                      Security Investment Program

    For the United States share of the cost of the North Atlantic 
Treaty Organization Security Investment Program for the acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized in 
military construction authorization Acts and section 2806 of title 10, 
United States Code, $161,000,000, to remain available until expended.
                          Family Housing, Army

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension and 
alteration and for operation and maintenance, including debt payment, 
leasing, minor construction, principal and interest charges, and 
insurance premiums, as authorized by law, as follows: for Construction, 
<DELETED>$126,400,000 </DELETED>$71,752,000, to remain available until 
September 30, 2000; for Operation and maintenance, and for debt 
payment, <DELETED>$1,337,596,000 </DELETED>$1,339,196,000; in all 
<DELETED>$1,463,996,000 </DELETED>$1,410,948,000.

                 Family Housing, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension and alteration and for operation and maintenance, including 
debt payment, leasing, minor construction, principal and interest 
charges, and insurance premiums, as authorized by law, as follows: for 
Construction, <DELETED>$531,289,000 </DELETED>$504,467,000, to remain 
available until September 30, 2000; for Operation and maintenance, and 
for debt payment, <DELETED>$1,048,329,000 </DELETED>$1,051,929,000; in 
all <DELETED>$1,579,618,000 </DELETED>$1,556,396,000.

                       Family Housing, Air Force

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension and 
alteration and for operation and maintenance, including debt payment, 
leasing, minor construction, principal and interest charges, and 
insurance premiums, as authorized by law, as follows: for Construction, 
<DELETED>$294,503,000 </DELETED>$261,137,000, to remain available until 
September 30, 2000; for Operation and maintenance, and for debt 
payment, <DELETED>$863,213,000 </DELETED>$850,059,000; in all 
<DELETED>$1,150,730,000 </DELETED>$1,111,196,000.

                      Family Housing, Defense-wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
construction, including acquisition, replacement, addition, expansion, 
extension, and alteration, and for operation and maintenance, leasing, 
and minor construction, as authorized by law, as follows: for 
Construction, $3,772,000, to remain available for obligation until 
September 30, 2000; for Operation and maintenance, <DELETED>$30,467,000 
</DELETED>$42,367,000; in all <DELETED>$34,239,000 
</DELETED>$46,139,000.

         Department of Defense Family Housing Improvement Fund

                     (including transfer of funds)

    For the Department of Defense Family Housing Improvement Fund, 
$22,000,000, to remain available until <DELETED>expended 
</DELETED>September 30, 2000: Provided, That, subject to thirty days 
prior notification to the Committees on Appropriations, such additional 
amounts as may be determined by the Secretary of Defense may be 
transferred to this Fund from amounts appropriated in this Act for 
Construction in ``Family Housing'' accounts, to be merged with and to 
be available for the same purposes and for the same period of time as 
amounts appropriated directly to that Fund: Provided further, That 
appropriations made available to the Fund in this Act shall be 
available to cover the costs, as defined in section 502(5) of the 
Congressional Budget Act of 1974, of direct loans or loan guarantees 
issued by the Department of Defense pursuant to the provisions of, and 
amendments made by, the National Defense Authorization Act for fiscal 
year 1996 pertaining to alternative means of acquiring and improving 
military family housing and supporting facilities.

                  Homeowners Assistance Fund, Defense

    For use in the Homeowners Assistance Fund established by section 
1013(d) of the Demonstration Cities and Metropolitan Development Act of 
1966, as amended (42 U.S.C. 3374), $75,586,000, to remain available 
until expended.

                 Base Realignment and Closure Account,

                                Part II

    For deposit into the Department of Defense Base Closure Account 
1990 established by section 2906(a)(1) of the Department of Defense 
Authorization Act, 1991 (Public Law 101-510), $964,843,000, to remain 
available until expended: Provided, That not more than 
<DELETED>$224,800,000 </DELETED>$325,800,000 of the funds appropriated 
herein shall be available solely for environmental restoration.

                 Base Realignment and Closure Account,

                                Part III

    For deposit into the Department of Defense Base Closure Account 
1990 established by section 2906(a)(1) of the Department of Defense 
Authorization Act, 1991 (Public Law 101-510), $2,148,480,000, to remain 
available until expended: Provided, That not more than 
<DELETED>$232,300,000 </DELETED>$236,700,000 of the funds appropriated 
herein shall be available solely for environmental restoration.

                 Base Realignment and Closure Account,

                                Part IV

    For deposit into the Department of Defense Base Closure Account 
1990 established by section 2906(a)(1) of the Department of Defense 
Authorization Act, 1991 (Public Law 101-510), $784,569,000, to remain 
available until expended: Provided, That such funds will be available 
for construction only to the extent detailed budget justification is 
transmitted to the Committees on Appropriations: Provided further, That 
such funds are available solely for the approved 1995 base realignments 
and closures.
                           GENERAL PROVISIONS

    Sec. 101. None of the funds appropriated in Military Construction 
Appropriations Acts shall be expended for payments under a cost-plus-a-
fixed-fee contract for work, where cost estimates exceed $25,000, to be 
performed within the United States, except Alaska, without the specific 
approval in writing of the Secretary of Defense setting forth the 
reasons therefor: Provided, That the foregoing shall not apply in the 
case of contracts for environmental restoration at an installation that 
is being closed or realigned where payments are made from a Base 
Realignment and Closure Account.
    Sec. 102. Funds appropriated to the Department of Defense for 
construction shall be available for hire of passenger motor vehicles.
    Sec. 103. Funds appropriated to the Department of Defense for 
construction may be used for advances to the Federal Highway 
Administration, Department of Transportation, for the construction of 
access roads as authorized by section 210 of title 23, United States 
Code, when projects authorized therein are certified as important to 
the national defense by the Secretary of Defense.
    Sec. 104. None of the funds appropriated in this Act may be used to 
begin construction of new bases inside the continental United States 
for which specific appropriations have not been made.
    Sec. 105. No part of the funds provided in Military Construction 
Appropriations Acts shall be used for purchase of land or land 
easements in excess of 100 per centum of the value as determined by the 
Army Corps of Engineers or the Naval Facilities Engineering Command, 
except (a) where there is a determination of value by a Federal court, 
or (b) purchases negotiated by the Attorney General or his designee, or 
(c) where the estimated value is less than $25,000, or (d) as otherwise 
determined by the Secretary of Defense to be in the public interest.
    Sec. 106. None of the funds appropriated in Military Construction 
Appropriations Acts shall be used to (1) acquire land, (2) provide for 
site preparation, or (3) install utilities for any family housing, 
except housing for which funds have been made available in annual 
Military Construction Appropriations Acts.
    Sec. 107. None of the funds appropriated in Military Construction 
Appropriations Acts for minor construction may be used to transfer or 
relocate any activity from one base or installation to another, without 
prior notification to the Committees on Appropriations.
    Sec. 108. No part of the funds appropriated in Military 
Construction Appropriations Acts may be used for the procurement of 
steel for any construction project or activity for which American steel 
producers, fabricators, and manufacturers have been denied the 
opportunity to compete for such steel procurement.
    Sec. 109. None of the funds available to the Department of Defense 
for military construction or family housing during the current fiscal 
year may be used to pay real property taxes in any foreign nation.
    Sec. 110. None of the funds appropriated in Military Construction 
Appropriations Acts may be used to initiate a new installation overseas 
without prior notification to the Committees on Appropriations.
    Sec. 111. None of the funds appropriated in Military Construction 
Appropriations Acts may be obligated for architect and engineer 
contracts estimated by the Government to exceed $500,000 for projects 
to be accomplished in Japan, in any NATO member country, or in 
countries bordering the Arabian Gulf, unless such contracts are awarded 
to United States firms or United States firms in joint venture with 
host nation firms.
    Sec. 112. None of the funds appropriated in Military Construction 
Appropriations Acts for military construction in the United States 
territories and possessions in the Pacific and on Kwajalein Atoll, or 
in countries bordering the Arabian Gulf, may be used to award any 
contract estimated by the Government to exceed $1,000,000 to a foreign 
contractor: Provided, That this section shall not be applicable to 
contract awards for which the lowest responsive and responsible bid of 
a United States contractor exceeds the lowest responsive and 
responsible bid of a foreign contractor by greater than 20 per centum.
    Sec. 113. The Secretary of Defense is to inform the appropriate 
Committees of Congress, including the Committees on Appropriations, of 
the plans and scope of any proposed military exercise involving United 
States personnel thirty days prior to its occurring, if amounts 
expended for construction, either temporary or permanent, are 
anticipated to exceed $100,000.
    Sec. 114. Not more than 20 per centum of the appropriations in 
Military Construction Appropriations Acts which are limited for 
obligation during the current fiscal year shall be obligated during the 
last two months of the fiscal year.

                          (transfer of funds)

    Sec. 115. Funds appropriated to the Department of Defense for 
construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress.
    Sec. 116. For military construction or family housing projects that 
are being completed with funds otherwise expired or lapsed for 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any.
    Sec. 117. Notwithstanding any other provision of law, any funds 
appropriated to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were appropriated if 
the funds obligated for such project (1) are obligated from funds 
available for military construction projects, and (2) do not exceed the 
amount appropriated for such project, plus any amount by which the cost 
of such project is increased pursuant to law.
                          (transfer of funds)

    Sec. 118. During the five-year period after appropriations 
available to the Department of Defense for military construction and 
family housing operation and maintenance and construction have expired 
for obligation, upon a determination that such appropriations will not 
be necessary for the liquidation of obligations or for making 
authorized adjustments to such appropriations for obligations incurred 
during the period of availability of such appropriations, unobligated 
balances of such appropriations may be transferred into the 
appropriation ``Foreign Currency Fluctuations, Construction, Defense'' 
to be merged with and to be available for the same time period and for 
the same purposes as the appropriation to which transferred.
    Sec. 119. The Secretary of Defense is to provide the Committees on 
Appropriations of the Senate and the House of Representatives with an 
annual report by February 15, containing details of the specific 
actions proposed to be taken by the Department of Defense during the 
current fiscal year to encourage other member nations of the North 
Atlantic Treaty Organization, Japan, Korea, and United States allies 
<DELETED>in </DELETED>bordering the Arabian Gulf to assume a greater 
share of the common defense burden of such nations and the United 
States.

                          (transfer of funds)

    Sec. 120. During the current fiscal year, in addition to any other 
transfer authority available to the Department of Defense, proceeds 
deposited to the Department of Defense Base Closure Account established 
by section 207(a)(1) of the Defense Authorization Amendments and Base 
Closure and Realignment Act (Public Law 100-526) pursuant to section 
207(a)(2)(C) of such Act, may be transferred to the account established 
by section 2906(a)(1) of the Department of Defense Authorization Act, 
1991, to be merged with, and to be available for the same purposes and 
the same time period as that account.
<DELETED>    Sec. 121. No funds appropriated pursuant to this Act may 
be expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
American Act'').</DELETED>
<DELETED>    Sec. 122. (a) In the case of any equipment or products 
that may be authorized to be purchased with financial assistance 
provided under this Act, it is the sense of the Congress that entities 
receiving such assistance should, in expending the assistance, purchase 
only American-made equipment and products.</DELETED>
<DELETED>    (b) In providing financial assistance under this Act, the 
Secretary of the Treasury shall provide to each recipient of the 
assistance a notice describing the statement made in subsection (a) by 
the Congress.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>
<DELETED>    Sec. 123. During the current fiscal year, in addition to 
any other transfer authority available to the Department of Defense, 
amounts may be transferred among the Fund established by section 
1013(d) of the Demonstration Cities and Metropolitan Development Act of 
1966 (42 U.S.C. 3374); the account established by section 2906(a)(1) of 
the Department of Defense Authorization Act, 1991; and appropriations 
available to the Department of Defense for the Homeowners Assistance 
Program of the Department of Defense. Any amounts so transferred shall 
be merged with and be available for the same purposes and for the same 
time period as the fund, account, or appropriation to which 
transferred.</DELETED>
<DELETED>    Sec. 124. The Army shall use George Air Force Base as the 
interim airhead for the National Training Center at Fort Irwin until 
Barstow-Daggett reaches Initial Operational Capability as the permanent 
airhead.</DELETED>
<DELETED>    Sec. 125. (a) In order to ensure the continued protection 
and enhancement of the open spaces of Fort Sheridan, the Secretary of 
the Army shall convey to the Lake County Forest Preserve District, 
Illinois (in this section referred to as the ``District''), all right, 
title, and interest of the United States to a parcel of surplus real 
property at Fort Sheridan consisting of approximately 290 acres located 
north of the southerly boundary line of the historic district at the 
post, including improvements thereon.</DELETED>
<DELETED>    (b) As consideration for the conveyance by the Secretary 
of the Army of the parcel of real property under subsection (a), the 
District shall provide maintenance and care to the remaining Fort 
Sheridan cemetery, pursuant to an agreement to be entered into between 
the District and the Secretary.</DELETED>
<DELETED>    (c) The Secretary of the Army is also authorized to convey 
the remaining surplus property at former Fort Sheridan to the Fort 
Sheridan Joint Planning Committee, or its successor, for an amount no 
less than the fair market value (as determined by the Secretary of the 
Army) of the property to be conveyed.</DELETED>
<DELETED>    (d) Description of Property.--The exact acreage and legal 
description of the real property (including improvements thereon) to be 
conveyed under subsections (a) and (c) shall be determined by surveys 
satisfactory to the Secretary. The cost of such surveys shall be borne 
by the Lake County Forest Preserve District, and the Fort Sheridan 
Joint Planning Committee, respectively.</DELETED>
<DELETED>    (e) Additional Terms and Conditions.--The Secretary may 
require such additional terms and conditions in connection with the 
conveyance under this section as the Secretary considers appropriate to 
protect the interests of the United States.</DELETED>
    Sec. 125. None of the funds appropriated in this Act may be 
transferred to or obligated from the Pentagon Reservation Facility 
Renovation (Phase I), unless the Secretary of Defense certifies that 
the total cost for the planning design, construction and installation 
of equipment for the renovation of the Pentagon Reservation will not 
exceed $1,218,000,000.
    Sec. 126. In addition to amounts appropriated elsewhere in this 
Act, $228,098,000 is hereby appropriated, to remain available until 
September 30, 2000, to the following accounts in the amounts specified:
            Military Construction, Army, 1996/2000, $20,000,000;
            Military Construction, Navy, 1996/2000, $10,400,000;
            Military Construction, Air Force, 1996/2000, $37,000,000;
            Military Construction, Defense-Wide, 1996/2000, 
        $10,000,000;
            Military Construction, Army National Guard, 1996/2000, 
        $63,236,000;
            Military Construction, Army Reserve, 1996/2000, 
        $35,282,000;
            Military Construction, Air National Guard, 1996/2000, 
        $34,550,000;
            Military Construction, Air Force Reserve, 1996/2000, 
        $3,150,000;
            Family Housing, Navy and Marine Corps, 1996/2000, 
        $8,480,000; and
            Family Housing, Air Force, 1996/2000, $6,000,000.
    This Act may be cited as the ``Military Construction Appropriations 
Act, 1996''.

            Passed the House of Representatives June 21, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
HR 1817 RS----2
                                                       Calendar No. 148

104th CONGRESS

  1st Session

                               H. R. 1817

                          [Report No. 104-116]

_______________________________________________________________________

                                 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, 1996, and for other purposes.

_______________________________________________________________________

                June 21 (legislative day, June 19), 1995

  Received; read twice and referred to the Committee on Appropriations

                July 19 (legislative day, July 10), 1995

                        Reported with amendments
```