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[104th Congress Public Law 196]
[From the U.S. Government Printing Office]

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[DOCID: f:publ196.104]

[[Page 110 STAT. 2385]]

Public Law 104-196
104th Congress

                                 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. <<NOTE: Sept. 16, 1996 -  [H.R. 3517]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That <<NOTE: Military 
Construction Appropriations Act, 1997.>> the following sums are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 1997, 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, $565,688,000, to remain available until September 30, 2001: 
Provided, That of this amount, not to exceed $50,538,000 shall be 
available for study, planning, design, architect and engineer services, 
and host nation support, 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Army'' under Public Law 103-110, $2,028,000 is hereby rescinded.

                       Military Construction, Navy

                         (including rescissions)

    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, $707,094,000, 
to remain available until September 30, 2001: Provided, That of this 
amount, not to exceed $49,927,000 shall be available for study, 
planning, design, architect and engineer services, as authorized by law, 
unless the Secretary of Defense

[[Page 110 STAT. 2386]]

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, Navy'' under Public 
Law 102-380, $9,000,000 is hereby rescinded: Provided further, That of 
the funds appropriated for ``Military Construction, Navy'' under Public 
Law 103-110, $2,300,000 is hereby rescinded.

                    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, 
$754,064,000, to remain available until September 30, 2001: Provided, 
That of this amount, not to exceed $50,687,000 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 103-307, 
$2,100,000 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, 
$763,922,000, to remain available until September 30, 2001: 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 $12,239,000 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 104-32, 
$7,000,000 is hereby rescinded.

  Department of Defense Military Unaccompanied Housing Improvement Fund

                      (including transfer of funds)

    For the Department of Defense Military Unaccompanied Housing 
Improvement Fund, $5,000,000, to remain available until

[[Page 110 STAT. 2387]]

expended: 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 the Fund 
from amounts appropriated for the acquisition or construction of 
military unaccompanied housing in ``Military Construction'' accounts, to 
be merged with and to be made available for the same purposes and for 
the same period of time as amounts appropriated directly to the Fund: 
Provided further, That appropriations made available for 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 and loan 
guarantees issued by the Department of Defense pursuant to the 
provisions of subchapter IV of chapter 169 of title 10, United States 
Code, pertaining to alternative means of acquiring and improving 
military unaccompanied housing and ancillary supporting facilities.

               Military Construction, Army National Guard

    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, $78,086,000, to remain available until September 30, 2001.

                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, $189,855,000, to remain available until September 30, 2001.

                   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, $55,543,000, to remain 
available until September 30, 2001.

                  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, $37,579,000, to remain available until September 30, 
2001.

                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, $52,805,000, to 
remain available until September 30, 2001.

[[Page 110 STAT. 2388]]

                   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, $172,000,000, 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, 
$158,503,000, to remain available until September 30, 2001; for 
Operation and Maintenance, and for debt payment, $1,212,466,000; in all 
$1,370,969,000.

                  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, $499,886,000, to remain available until September 30, 
2001; for Operation and Maintenance, and for debt payment, 
$1,014,241,000; in all $1,514,127,000.

                        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, 
$317,507,000, to remain available until September 30, 2001; for 
Operation and Maintenance, and for debt payment, $816,509,000; in all 
$1,134,016,000.

                      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, $4,371,000, to remain available until September 30, 2001; 
for Operation and Maintenance, $30,963,000; in all $35,334,000.

[[Page 110 STAT. 2389]]

          Department of Defense Family Housing Improvement Fund

                      (including transfer of funds)

    For the Department of Defense Family Housing Improvement Fund, 
$25,000,000, to remain available until expended: 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 the Fund from amounts appropriated 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 the 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 subchapter IV of 
chapter 169, title 10, United States Code, 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), $36,181,000, 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), $352,800,000, to remain 
available until expended: Provided, That not more than $223,789,000 of 
the funds appropriated herein shall be available solely for 
environmental restoration, 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.

             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), $971,925,000, to remain 
available until expended: Provided, That not more than $351,967,000 of 
the funds appropriated herein shall be available solely for 
environmental restoration, 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.

              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),

[[Page 110 STAT. 2390]]

$1,182,749,000, to remain available until expended: Provided, That not 
more than $200,841,000 of the funds appropriated herein shall be 
available solely for environmental restoration, 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.

                           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

[[Page 110 STAT. 2391]]

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. <<NOTE: 10 USC 2860 note.>> 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.

[[Page 110 STAT. 2392]]

                           (transfer of funds)

    Sec. 118. <<NOTE: 10 USC 2860 note.>> 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. <<NOTE: Reports.>> 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 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.
    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'').
    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.
    (b) <<NOTE: Notice.>> 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.

    Sec. 123. <<NOTE: 10 USC 10503 note.>> The National Guard Bureau 
shall annually prepare a future years defense plan based on the 
requirement and priorities of the National Guard: Provided, That this 
plan shall be presented to the committees of Congress concurrent with 
the President's budget submission for each fiscal year.

    Sec. 124. It is the sense of the Congress that the Secretary of the 
Army should name buildings numbered 5308 and 5309 at Redstone Arsenal, 
Alabama, as the Howell Heflin Complex.

[[Page 110 STAT. 2393]]

                           (transfer of funds)

    Sec. 125. During the current fiscal year, in addition to any other 
transfer authority available to the Department of Defense, amounts may 
be transferred from the account established by section 2906(a)(1) of the 
Department of Defense Authorization Act, 1991, to the fund established 
by section 1013(d) of the Demonstration Cities and Metropolitan 
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated 
with the Homeowners Assistance Program. Any amounts transferred shall be 
merged with and be available for the same purposes and for the same time 
period as the fund to which transferred.
    This Act may be cited as the ``Military Construction Appropriations 
Act, 1997''.

    Approved September 16, 1996.

LEGISLATIVE HISTORY--H.R. 3517:
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HOUSE REPORTS: Nos. 104-591 (Comm. on Appropriations) and 104-721 (Comm. 
of Conference).
SENATE REPORTS: No. 104-287 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 142 (1996):
            May 30, considered and passed House.
            June 26, considered and passed Senate, amended.
            Aug. 1, House agreed to conference report.
            Sept. 5, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
            Sept. 16, Presidential statement.

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