An Act making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, l978, and for other purposes.
PL 95-101 (H.R.7589), enacted 08/15/1977

PUBLIC LAW 95-101—AUG. 15, 1977 
91 STAT. 837 
Public Law 95-101 
95th Congress 
An Act 
Making appropriations for military construction for the Department of Defense 
for the fiscal year ending September 30,1978, and for other purposes. 
Be it enacted hy 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 other-
wise appropriated, for the fiscal year ending September 30, 1978, for 
military construction functions administered by the Department of 
Defense, and for other purposes, namely: 
' 
MILITARY CONSTRUCTION, ARMY 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, and facili-
ties for the Army as currently authorized in military public works 
or military construction Acts, and in sections 2673 and 2675 of title 
10, United States Code, $527,769,000, to remain available until 
expended. 
MILITARY CONSTRUCTION, NAVY 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, naval installations, and facilities 
for the Navy as currently authorized in military public works or mili-
tary construction Acts, and in sections 2673 and 2675 of title 10, 
United States Code, including personnel in the Naval Facilities Engi-
neering Command and other personal services necessary for the pur-
poses of this appropriation, $463,056,000, to remain available until 
expended. 
MILITARY CONSTRUCTION, AIR FORCE 
' ' 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, and facili-
ties for the Air Force as currently authorized in military public works 
or military construction Acts, and in sections 2673 and 2675 of title 10, 
United States Code, $406,986,000, to remain available until expended. 
MILITARY CONSTRUCTION, DEFENSE AGENCIES 
(INCLUDING TRANSFER OF FUNDS) 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, installations, and facilities for 
activities and agencies of the Department of Defense (other than the 
military departments and the Defense Civil Preparedness Agency), as 
currently authorized in military public works or military construction 
Acts, and in sections 2673 and 2675 of title 10, United States Code, 
$58,009,000, to remain available until expended; and, in addition, not 
to exceed $20,000,000 to be derived by transfer from the appropriation 
"Research, development, test, and evaluation. Defense Agencies" as 
determined by the Secretary of Defense: Provided^ That such amounts 
of this appropriation as may be determined by the Secretary of Defense 
Aug. 15, 1977 
[H.R. 7589] 
Military 
Construction 
Appropriation 
Act, 1978. 
91 STAT. 838 
PUBLIC LAW 95-101—AUG. 15, 1977 
may be transferred to such appropriations of the Department of 
Deiense available for military construction as he may designate. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
:: 
For construction, acquisition, expansion, rehabilitation, and conver-
sion of facilities for the training and administration of the Army 
National Guard as authorized by chapter 133 of title 10, United States 
10 use 2231. 
Code, as amended, and the Reserve Forces Facilities Acts, $49,400,000, 
to remain available until expended. 
MILITARY CONSTRUCTION, A I R NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and conver-
sion 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, as amended, and the Reserve Forces 
Facilities Acts, $43,300,000, to remain available until expended. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilitation, and conver-
sion of facilities for the training and administration of the Army 
Reserve as authorized by chapter 133 of title 10, United States Code, 
as amended, and the Reserve Forces Facilities Acts, $50,500,000, to 
remain available until expended. 
MILITARY CONSTRUCTION, NAVAL RESERVE 
• 
For construction, acquisition, expansion, rehabilitation, and conver-
sion 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, as amended, and the Reserve Forces 
Facilities Acts, $21,700,000, to remain available until expended. 
MILITARY CONSTRUCTION, A I R 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, as amended, and the Reserve Forces Facilities Acts, 
$11,200,000, to remain available until expended. 
FAMILY HOUSING, DEFENSE 
For expenses of family housing for the Army, Navy, Marine Corps, 
Air 
Force, 
and 
Defense 
agencies, 
for 
construction, 
including 
acquisition, replacement, addition, expansion, extension and alteration 
and for operation, maintenance, and debt payment, including leasing, 
minor construction, principal and interest charges, and insurance 
premiums, as authorized by law, $1,460,140,000, to be obligated and 
expended in the Family Housing Management Account established 
42 use 
pursuant to section 501(a) of Public Law 87-554, in not to exceed 
1594a-l. 
the following amounts: 
For the Navy and Marine Corps: 
Construction, $26,837,000, and in addition $8,354,000 may be 
obligated and expended from appropriations heretofore made 
PUBLIC LAW 95-101—AUG. 15, 1977 
91 STAT. 839 
to this account and made available for obligation and expenditure 
for the Army; 
For the Air Force: 
Construction, $8,155,000; 
For Defense agencies: 
Construction, $208,000; 
For Department of Defense: 
Debt payment, $151,440,000; 
Operation, maintenance, $1,265,000,000; 
Energy consumption metering, $8,500,000: 
Provided^ That the amounts provided under this head for construction, 
for debt pajnnent, and for energy consumption metering shall remain 
available until expended: Provided further^ That of the amounts 
appropriated 
for 
operations and maintenance, not less than 
$550,000,000 shall be available only for the maintenance of real 
property facilities. 
HOMEOWNERS ASSISTANCE FUND, DEFENSE 
For use in the Homeowners Assistance Fund established pursuant 
to section 1013(d) of the Demonstration Cities and Metropolitan 
Development Act of 1966 (Public Law 89-754, as amended), 
$1,500,000. 
GENERAL PROVISIONS 
SEC. 101. Funds appropriated to the Department of Defense for 
construction in prior years are hereby made available for construction 
authorized for each such department by the authorizations enacted 
into law during the first session of the Ninety-fifth Congress. 
SEC. 102. None of the funds appropriated in this Act 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. 
SEC. 103. None of the funds appropriated in this Act shall be 
expended for additional costs involved in expediting construction 
unless the Secretary of Defense certifies such costs to be necessary to 
protect the national interest and establishes a reasonable completion 
date for each project, taking into consideration the urgency of the 
requirement, the type and location of the project, the climatic and 
seasonal conditions affecting the construction, and the application of 
economical construction practices. 
SEC. 104. None of the funds appropriated in this Act shall be used 
for the construction, replacement, or reactivation of any bakery, 
laundry, or drycleaning facility in the United States, its territories, 
or possessions, as to which the Secretary of Defense does not certify, 
in writing, giving his reasons therefor, that the services to be furnished 
by such facilities are not obtainable from commercial sources at reason-
able rates. 
SEC. 105. Funds herein appropriated to the Department of Defense 
for construction shall be available for hire of passenger motor vehicles. 
SEC. 106. Funds appropriated to the Department of Defense for 
construction may be used for advances to the Federal Highway Admin-
istration, 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. 
42 use 3374. 
Prior 
appropriations. 
Contracts. 
Construction 
costs, expedition. 
Service facilities. 
Motor vehicles, 
hire. 
31 u s e 638f. 
Access roads, 
construction. 
31 u s e 700b. 
91 STAT. 840 
PUBLIC LAW 95-101—AUG. 15, 1977 
New bases. 
Land purchases 
or easements. 
Foreign projects. 
Family housing 
limitations. 
Base realignment 
or closure 
activities. 
Short title. 
' 
SEC. 107. 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. 108. No part of the funds provided in this Act shall be used for 
purchase of land or land easements in excess of 100 per centum of the 
value as determined by the 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. 109. None of the funds appropriated in this Act may be used 
to make payments under contracts for any project in a foreign country 
unless the Secretary of Defense or his designee, after consultation with 
the Secretary of the Treasury or his designee, certifies to the Congress 
that the use, by purchase from the Treasury, of currencies of such 
country acquired pursuant tx) law is not feasible for the purpose, 
stating the reason therefor. 
SEC. 110. None of the funds appropriated in this Act 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 appropriation 
Acts. 
SEC. 111. None of the funds appropriated or otherwise made avail-
able under this Act shall be obligated or expended in connection with 
any base realignment or closure activity, until all terms, conditions 
and requirements of the National Environmental Policy Act have been 
complied with, with respect to each such activity. 
This Act may be cited as the "Military Construction Appropriation 
Act, 1978". 
Approved August 15, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-388 (Comm. on Appropriations) and No. 95-560 (Comm. 
of Conference). 
SENATE REPORT No. 95-295 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
June 21, considered and passed House. 
June 29, considered and passed Senate, amended. 
Aug. 3, House agreed to conference report; concurred in Senate amendment with 
an amendment. 
Aug. 5, Senate agreed to conference report; concurred in Senate amendment. ^- -