H. R. 1817
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
An Act
Making appropriations for military construction, family housing, and base realign-
ment and closure for the Department of Defense for the fiscal year ending Septem-
ber 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 realign-
ment and closure functions administered by the Department of
Defense, and for other purposes, namely:
MILITARY CONSTRUCTION, ARMY
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facili-
ties, 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, $633,814,000, to remain
available until September 30, 2000: Provided, That of this amount,
not to exceed $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.
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 appro-
priation, $554,636,000, to remain available until September 30,
2000: Provided, That of this amount, not to exceed $50,477,000
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 pur-
poses and notifies the Committees on Appropriations of both Houses
of Congress of his determination and the reasons therefor.
H. R. 1817—2
MILITARY CONSTRUCTION, AIR FORCE
(INCLUDING RESCISSIONS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facili-
ties, and real property for the Air Force as currently authorized
by law, $587,234,000, to remain available until September 30, 2000:
Provided, That of this amount, not to exceed $26,594,000 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 pur-
poses 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,
$6,000,000 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 author-
ized by law, $640,357,000, 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 $68,837,000 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 appro-
priated for ‘‘Military Construction, Defense Agencies’’ under Public
Law 102–136, $6,800,000 is hereby rescinded: Provided further,
That of the funds appropriated for ‘‘Military Construction, Defense
Agencies’’ 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
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, $137,110,000, to remain available
until September 30, 2000.
H. R. 1817—3
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
(INCLUDING RESCISSION)
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 construc-
tion authorization Acts, $171,272,000, 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,
$72,728,000, 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, $19,055,000, 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,
$36,482,000, 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 acquisi-
tion and construction of military facilities and installations (includ-
ing 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 avail-
able 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, $116,656,000, to remain available until September
H. R. 1817—4
30, 2000; for Operation and maintenance, and for debt payment,
$1,335,596,000; in all $1,452,252,000.
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 mainte-
nance, including debt payment, leasing, minor construction, prin-
cipal and interest charges, and insurance premiums, as authorized
by law, as follows: for Construction, $525,058,000, to remain avail-
able until September 30, 2000; for Operation and maintenance,
and for debt payment, $1,048,329,000; in all $1,573,387,000.
FAMILY HOUSING, AIR FORCE
For expenses of family housing for the Air Force for construc-
tion, including acquisition, replacement, addition, expansion, exten-
sion 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, $297,738,000, to remain available until September
30, 2000; for Operation and maintenance, and for debt payment,
$849,213,000; in all $1,146,951,000.
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 mainte-
nance, leasing, and minor construction, as authorized by law, as
follows: for Construction, $3,772,000, to remain available for obliga-
tion until September 30, 2000; for Operation and maintenance,
$30,467,000; in all $34,239,000.
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 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 this Fund from
amounts appropriated in this Act for Construction in ‘‘Family Hous-
ing’’ 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 Depart-
ment 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.
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HOMEOWNERS ASSISTANCE FUND, DEFENSE
For use in the Homeowners Assistance Fund established by
section 1013(d) of the Demonstration Cities and Metropolitan Devel-
opment 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 $325,800,000 of the funds appropriated herein shall
be available solely for environmental restoration, unless the Sec-
retary of Defense determines that additional obligations are nec-
essary for such purposes and notifies the Committees on Appropria-
tions 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),
$2,148,480,000, to remain available until expended: Provided, That
not more than $236,700,000 of the funds appropriated herein shall
be available solely for environmental restoration, unless the Sec-
retary of Defense determines that additional obligations are nec-
essary for such purposes and notifies the Committees on Appropria-
tions 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),
$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 Construc-
tion 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