104TH CONGRESS

1ST SESSION H. R. 1817

AN ACT

Making appropriations for military construction,

poses.ending September 30, 1996, and for other purfor the Department of Defense for the fiscal yearfamily housing, and base realignment and closure
104TH CONGRESS

1ST SESSION H. R. 1817

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.

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
2

•HR 1817 EH

1 fiscal year ending September 30, 1996, for military con2 struction, family housing, and base realignment and clo3 sure functions administered by the Department of De4 fense, and for other purposes, namely:

5 MILITARY CONSTRUCTION, ARMY

6 For acquisition, construction, installation, and equip7 ment of temporary or permanent public works, military

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

9 currently authorized by law, including personnel in the

10 Army Corps of Engineers and other personal services nec11 essary for the purposes of this appropriation, and for con12 struction and operation of facilities in support of the func13 tions of the Commander in Chief, $611,608,000, to re14 main available until September 30, 2000: Provided, That

15 of this amount, not to exceed $50,778,000 shall be avail16 able for study, planning, design, architect and engineer

17 services, as authorized by law, unless the Secretary of De18 fense determines that additional obligations are necessary

19 for such purposes and notifies the Committees on Appro20 priations of both Houses of Congress of his determination

21 and the reasons therefor.

22 MILITARY CONSTRUCTION, NAVY

23 For acquisition, construction, installation, and equip24 ment of temporary or permanent public works, naval in25 stallations, facilities, and real property for the Navy as
3

•HR 1817 EH

1 currently authorized by law, including personnel in the

2 Naval Facilities Engineering Command and other per3 sonal services necessary for the purposes of this appropria4 tion, $588,243,000, to remain available until September

5 30, 2000: Provided, That of this amount, not to exceed

6 $66,184,000 shall be available for study, planning, design,

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

9 obligations are necessary for such purposes and notifies

10 the Committees on Appropriations of both Houses of Con11 gress of his determination and the reasons therefor.

12 MILITARY CONSTRUCTION, AIR FORCE

13 For acquisition, construction, installation, and equip14 ment of temporary or permanent public works, military

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

16 as currently authorized by law, $578,841,000, to remain

17 available until September 30, 2000: Provided, That of this

18 amount, not to exceed $49,021,000 shall be available for

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

20 as authorized by law, unless the Secretary of Defense de21 termines that additional obligations are necessary for such

22 purposes and notifies the Committees on Appropriations

23 of both Houses of Congress of his determination and the

24 reasons therefor.
4

•HR 1817 EH

1 MILITARY CONSTRUCTION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, installa5 tions, facilities, and real property for activities and agen6 cies of the Department of Defense (other than the military

7 departments), as currently authorized by law,

8 $728,332,000, to remain available until September 30,

9 2000: Provided, That such amounts of this appropriation

10 as may be determined by the Secretary of Defense may

11 be transferred to such appropriations of the Department

12 of Defense available for military construction or family

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

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

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

16 Provided further, That of the amount appropriated, not

17 to exceed $68,837,000 shall be available for study, plan18 ning, design, architect and engineer services, as authorized

19 by law, unless the Secretary of Defense determines that

20 additional obligations are necessary for such purposes and

21 notifies the Committees on Appropriations of both Houses

22 of Congress of his determination and the reasons therefor.

23 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

24 For construction, acquisition, expansion, rehabilita25 tion, and conversion of facilities for the training and ad-
5

•HR 1817 EH

1 ministration of the Army National Guard, and contribu2 tions therefor, as authorized by chapter 133 of title 10,

3 United States Code, and military construction authoriza4 tion Acts, $72,537,000, to remain available until Septem5 ber 30, 2000.

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 $118,267,000, to remain available until September 30,

13 2000.

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, $42,963,000, to remain available

20 until September 30, 2000.

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,
6

•HR 1817 EH

1 United States Code, and military construction authoriza2 tion Acts, $19,655,000, to remain available until Septem3 ber 30, 2000.

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, $31,502,000, to remain

10 available until September 30, 2000.

11 NORTH ATLANTIC TREATY ORGANIZATION

12 SECURITY INVESTMENT PROGRAM

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

14 Atlantic Treaty Organization Security Investment Pro15 gram for the acquisition and construction of military fa16 cilities and installations (including international military

17 headquarters) and for related expenses for the collective

18 defense of the North Atlantic Treaty Area as authorized

19 in military construction authorization Acts and section

20 2806 of title 10, United States Code, $161,000,000, to

21 remain available until expended.

22 FAMILY HOUSING, ARMY

23 For expenses of family housing for the Army for con24 struction, including acquisition, replacement, addition, ex25 pansion, extension and alteration and for operation and
7

•HR 1817 EH

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, $126,400,000, to remain available until September

5 30, 2000; for Operation and maintenance, and for debt

6 payment, $1,337,596,000; in all $1,463,996,000.

7 FAMILY HOUSING, NAVY AND MARINE CORPS

8 For expenses of family housing for the Navy and Ma9 rine Corps for construction, including acquisition, replace10 ment, addition, expansion, extension and alteration and

11 for operation and maintenance, including debt payment,

12 leasing, minor construction, principal and interest

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

14 as follows: for Construction, $531,289,000, to remain

15 available until September 30, 2000; for Operation and

16 maintenance, and for debt payment, $1,048,329,000; in

17 all $1,579,618,000.

18 FAMILY HOUSING, AIR FORCE

19 For expenses of family housing for the Air Force for

20 construction, including acquisition, replacement, addition,

21 expansion, extension and alteration and for operation and

22 maintenance, including debt payment, leasing, minor con23 struction, principal and interest charges, and insurance

24 premiums, as authorized by law, as follows: for Construc25 tion, $294,503,000, to remain available until September
8

•HR 1817 EH

1 30, 2000; for Operation and maintenance, and for debt

2 payment, $863,213,000; in all $1,150,730,000.

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, $3,772,000, to remain available for obliga11 tion until September 30, 2000; for Operation and mainte12 nance, $30,467,000; in all $34,239,000.

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, $22,000,000, to remain available until

18 expended: Provided, That, subject to thirty days prior no19 tification to the Committees on Appropriations, such addi20 tional amounts as may be determined by the Secretary of

21 Defense may be transferred to this Fund from amounts

22 appropriated in this Act for Construction in ‘‘Family

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

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

25 as amounts appropriated directly to that Fund: Provided
9

•HR 1817 EH

1 further, That appropriations made available to the Fund

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

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

4 1974, of direct loans or loan guarantees issued by the De5 partment of Defense pursuant to the provisions of, and

6 amendments made by, the National Defense Authorization

7 Act for fiscal year 1996 pertaining to alternative means

8 of acquiring and improving military family housing and

9 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), $75,586,000, to remain available until ex15 pended.

16 BASE REALIGNMENT AND CLOSURE ACCOUNT,

17 PART II

18 For deposit into the Department of Defense Base

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

20 of the Department of Defense Authorization Act, 1991

21 (Public Law 101–510), $964,843,000, to remain available

22 until expended: Provided, That not more than

23 $224,800,000 of the funds appropriated herein shall be

24 available solely for environmental restoration.
10

•HR 1817 EH

1 BASE REALIGNMENT AND CLOSURE ACCOUNT,

2 PART III

3 For deposit into the Department of Defense Base

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

5 of the Department of Defense Authorization Act, 1991

6 (Public Law 101–510), $2,148,480,000, to remain avail7 able until expended: Provided, That not more than

8 $232,300,000 of the funds appropriated herein shall be

9 available solely for environmental restoration.

10 BASE REALIGNMENT AND CLOSURE ACCOUNT,

11 PART IV

12 For deposit into the Department of Defense Base

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

14 of the Department of Defense Authorization Act, 1991

15 (Public Law 101–510), $784,569,000, to remain available

16 until expended: Provided, That such funds will be available

17 for construction only to the extent detailed budget jus18 tification is transmitted to the Committees on Appropria19 tions: Provided further, That such funds are available sole20 ly for the approved 1995 base realignments and closures.

21 GENERAL PROVISIONS

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

23 Construction Appropriations Acts shall be expended for

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

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

•HR 1817 EH

1 within the United States, except Alaska, without the spe2 cific approval in writing of the Secretary of Defense set3 ting forth the reasons therefor: Provided, That the fore4 going shall not apply in the case of contracts for environ5 mental restoration at an installation that is being closed

6 or realigned where payments are made from a Base Re7 alignment and Closure Account.

8 SEC. 102. Funds appropriated to the Department of

9 Defense for construction shall be available for hire of pas10 senger motor vehicles.

11 SEC. 103. Funds appropriated to the Department of

12 Defense for construction may be used for advances to the

13 Federal Highway Administration, Department of Trans14 portation, for the construction of access roads as author15 ized by section 210 of title 23, United States Code, when

16 projects authorized therein are certified as important to

17 the national defense by the Secretary of Defense.

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

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

20 continental United States for which specific appropria21 tions have not been made.

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

23 Construction Appropriations Acts shall be used for pur24 chase of land or land easements in excess of 100 per cen25 tum of the value as determined by the Army Corps of En-
12

•HR 1817 EH

1 gineers or the Naval Facilities Engineering Command, ex2 cept (a) where there is a determination of value by a Fed3 eral court, or (b) purchases negotiated by the Attorney

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

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

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

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

8 Construction Appropriations Acts shall be used to (1) ac9 quire land, (2) provide for site preparation, or (3) install

10 utilities for any family housing, except housing for which

11 funds have been made available in annual Military Con12 struction Appropriations Acts.

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

14 Construction Appropriations Acts for minor construction

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

16 base or installation to another, without prior notification

17 to the Committees on Appropriations.

18 SEC. 108. No part of the funds appropriated in Mili19 tary Construction Appropriations Acts may be used for

20 the procurement of steel for any construction project or

21 activity for which American steel producers, fabricators,

22 and manufacturers have been denied the opportunity to

23 compete for such steel procurement.

24 SEC. 109. None of the funds available to the Depart25 ment of Defense for military construction or family hous-
13

•HR 1817 EH

1 ing during the current fiscal year may be used to pay real

2 property taxes in any foreign nation.

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

4 Construction Appropriations Acts may be used to initiate

5 a new installation overseas without prior notification to

6 the Committees on Appropriations.

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

8 Construction Appropriations Acts may be obligated for ar9 chitect and engineer contracts estimated by the Govern10 ment to exceed $500,000 for projects to be accomplished

11 in Japan, in any NATO member country, or in the Ara12 bian Gulf, unless such contracts are awarded to United

13 States firms or United States firms in joint venture with

14 host nation firms.

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

16 Construction Appropriations Acts for military construc17 tion in the United States territories and possessions in the

18 Pacific and on Kwajalein Atoll, or in the Arabian Gulf,

19 may be used to award any contract estimated by the Gov20 ernment to exceed $1,000,000 to a foreign contractor:

21 Provided, That this section shall not be applicable to con22 tract awards for which the lowest responsive and respon23 sible bid of a United States contractor exceeds the lowest

24 responsive and responsible bid of a foreign contractor by

25 greater than 20 per centum.
14

•HR 1817 EH

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

2 appropriate Committees of Congress, including the Com3 mittees on Appropriations, of the plans and scope of any

4 proposed military exercise involving United States person5 nel thirty days prior to its occurring, if amounts expended

6 for construction, either temporary or permanent, are an7 ticipated to exceed $100,000.

8 SEC. 114. Not more than 20 per centum of the appro9 priations in Military Construction Appropriations Acts

10 which are limited for obligation during the current fiscal

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

12 fiscal year.

13 (TRANSFER OF FUNDS)

14 SEC. 115. Funds appropriated to the Department of

15 Defense for construction in prior years shall be available

16 for construction authorized for each such military depart17 ment by the authorizations enacted into law during the

18 current session of Congress.

19 SEC. 116. For military construction or family housing

20 projects that are being completed with funds otherwise ex21 pired or lapsed for obligation, expired or lapsed funds may

22 be used to pay the cost of associated supervision, inspec23 tion, overhead, engineering and design on those projects

24 and on subsequent claims, if any.

25 SEC. 117. Notwithstanding any other provision of

26 law, any funds appropriated to a military department or
15

•HR 1817 EH

1 defense agency for the construction of military projects

2 may be obligated for a military construction project or

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

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

5 the fiscal year for which funds for such project were ap6 propriated if the funds obligated for such project (1) are

7 obligated from funds available for military construction

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

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

10 such project is increased pursuant to law.

11 (TRANSFER OF FUNDS)

12 SEC. 118. During the five-year period after appro13 priations available to the Department of Defense for mili14 tary construction and family housing operation and main15 tenance and construction have expired for obligation, upon

16 a determination that such appropriations will not be nec17 essary for the liquidation of obligations or for making au18 thorized adjustments to such appropriations for obliga19 tions incurred during the period of availability of such ap20 propriations, unobligated balances of such appropriations

21 may be transferred into the appropriation ‘‘Foreign Cur22 rency Fluctuations, Construction, Defense’’ to be merged

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

24 the same purposes as the appropriation to which trans25 ferred.
16

•HR 1817 EH

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

2 Committees on Appropriations of the Senate and the

3 House of Representatives with an annual report by Feb4 ruary 15, containing details of the specific actions pro5 posed to be taken by the Department of Defense during

6 the current fiscal year to encourage other member nations

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

8 and United States allies in the Arabian Gulf to assume

9 a greater share of the common defense burden of such

10 nations and the United States.

11 (TRANSFER OF FUNDS)

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

13 to any other transfer authority available to the Depart14 ment of Defense, proceeds deposited to the Department

15 of Defense Base Closure Account established by section

16 207(a)(1) of the Defense Authorization Amendments and

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

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

19 transferred to the account established by section

20 2906(a)(1) of the Department of Defense Authorization

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

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

23 SEC. 121. No funds appropriated pursuant to this

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

25 that in expending the assistance the entity will comply

26 with sections 2 through 4 of the Act of March 3, 1933
17

•HR 1817 EH

1 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer2 ican Act’’).

3 SEC. 122. (a) In the case of any equipment or prod4 ucts that may be authorized to be purchased with financial

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

6 Congress that entities receiving such assistance should, in

7 expending the assistance, purchase only American-made

8 equipment and products.

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

10 the Secretary of the Treasury shall provide to each recipi11 ent of the assistance a notice describing the statement

12 made in subsection (a) by the Congress.

13 (TRANSFER OF FUNDS)

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

15 to any other transfer authority available to the Depart16 ment of Defense, amounts may be transferred among the

17 Fund established by section 1013(d) of the Demonstration

18 Cities and Metropolitan Development Act of 1966 (42

19 U.S.C. 3374); the account established by section

20 2906(a)(1) of the Department of Defense Authorization

21 Act, 1991; and appropriations available to the Department

22 of Defense for the Homeowners Assistance Program of the

23 Department of Defense. Any amounts so transferred shall

24 be merged with and be available for the same purposes

25 and for the same time period as the fund, account, or ap26 propriation to which transferred.
18

•HR 1817 EH

1 SEC. 124. The Army shall use George Air Force Base

2 as the interim airhead for the National Training Center

3 at Fort Irwin until Barstow-Daggett reaches Initial Oper4 ational Capability as the permanent airhead.

5 SEC. 125. (a) In order to ensure the continued pro6 tection and enhancement of the open spaces of Fort Sheri7 dan, the Secretary of the Army shall convey to the Lake

8 County Forest Preserve District, Illinois (in this section

9 referred to as the ‘‘District’’), all right, title, and interest

10 of the United States to a parcel of surplus real property

11 at Fort Sheridan consisting of approximately 290 acres

12 located north of the southerly boundary line of the historic

13 district at the post, including improvements thereon.

14 (b) As consideration for the conveyance by the Sec15 retary of the Army of the parcel of real property under

16 subsection (a), the District shall provide maintenance and

17 care to the remaining Fort Sheridan cemetery, pursuant

18 to an agreement to be entered into between the District

19 and the Secretary.

20 (c) The Secretary of the Army is also authorized to

21 convey the remaining surplus property at former Fort

22 Sheridan to the Fort Sheridan Joint Planning Committee,

23 or its successor, for an amount no less than the fair mar24 ket value (as determined by the Secretary of the Army)

25 of the property to be conveyed.
19

•HR 1817 EH

1 (d) DESCRIPTION OF PROPERTY.—The exact acreage

2 and legal description of the real property (including im3 provements thereon) to be conveyed under subsections (a)

4 and (c) shall be determined by surveys satisfactory to the

5 Secretary. The cost of such surveys shall be borne by the

6 Lake County Forest Preserve District, and the Fort Sheri7 dan Joint Planning Committee, respectively.

8 (e) ADDITIONAL TERMS AND CONDITIONS.—The

9 Secretary may require such additional terms and condi10 tions in connection with the conveyance under this section

11 as the Secretary considers appropriate to protect the inter12 ests of the United States.

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

14 Appropriations Act, 1996’’.

Passed the House of Representatives June 21, 1995.

Attest:

Clerk.