Military Construction Appropriation Act, 1980
PL 96-130 (H.R.4391), enacted 11/30/1979

PUBLIC LAW 96-130—NOV. 30, 1979 
93 STAT. 1017 
Public Law 96-130 
96th Congress 
An Act 
Making appropriations for military construction for the Department of Defense for 
the fiscal year ending September 30, 1980, 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, 
1980, for military construction functions administered by the Depart-
ment of Defense, and for other purposes, namely: 
MiuTARY C O N S T R U C T I O N , A R M Y 
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 cr 
military construction Acts, and in sections 2673, 2674, and 2675 of 
title 10, United States Code, $725,649,000, of which $500,000 may be 
paid for use after 1960 by the Government of the United States of 
land on Roi-Namur Island, Marshall Islands District of the Trust 
Territories of the Pacific Islands, as authorized by the Military 
Construction Authorization Act, 1980, to remain available until 
September 30, 1984: Provided, That of this amount, not to exceed 
$50,700,000 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. 
MiuTARY C O N S T R U C T I O N , N A V Y 
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 
military construction Acts, and in sections 2673, 2674, and 2675 of 
title 10, United States Code, including personnel in the Naval 
Facilities Engineering Command and other personal services neces-
sary for the purposes of this appropriation, $567,000,000, to remain 
available until September 30, 1984: Provided, That of this amount, 
not to exceed $56,049,000 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 Appro-
priations of both Houses of Congress of his determination and the 
reasons therefor. 
MILITARY CONSTRUCTION, AIR FORCE 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, and facili-
Nov. 30, 1979 
[H.R. 4391] 
Military 
Construction 
Appropriation 
Act, 
1980. 
Notification to 
congressional 
committees. 
Notification to 
congressional 
committees. 
93 STAT. 1018 
PUBLIC LAW 96-130—NOV. 30, 1979 
Notification to 
congressional 
committees. 
ties for the Air Force as currently authorized in military public works 
or military construction Acts, and in sections 2673, 2674, and 2675 of 
title 10, United States Code, $565,456,000, to remain available until 
September 30, 1984: Provided, That of this amount, not to exceed 
$44,000,000 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, DEFENSE AGENCIES 
Notification to 
congressional 
committees. 
(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), as currently authorized in military public 
works or military construction Acts, and in sections 2673, 2674, and 
2675 of title 10, United States Code, $192,350,000, 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 may be transferred to such appropriations of the Depart-
ment of Defense available for military construction as he may 
designate: Provided further. That $39,200,000 shall be transferred to 
"Military Construction, Defense Agencies, 1979/1983" from "Mili-
tary Construction, Air Force, 1979/1983": Provided further. That of 
the amount appropriated, not to exceed $12,000,000 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. 
10 u s e 2231 
et seq. 
MiuTARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Army 
National Guard as authorized by chapter 133 of title 10, United 
States Code, as amended, and the Reserve Forces Facilities Acts, 
$23,700,000, to remain available until September 30,1984. 
MiUTARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and con-
version 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, $36,000,000, to remain available until Septem-
ber 30,1984. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version 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, $30,000,000, to 
remain available until September 30,1984. 
PUBLIC LAW 96-130—NOV. 30,1979 
93 STAT. 1019 
MILITARY CONSTRUCTION, NAVAL RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version 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 10 USC 2231 
Forces Facilities Acts, $18,300,000, to remain available until Septem- «
* ««9-
ber 30,1984. 
MILITARY CONSTRUCTION, AIR FORCE RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version 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, 
$12,000,000, to remain available until September 30,1984. 
FAMILY HOUSING, DEFENSE 
For expenses of family housing for the Army, Navy, Marine Corps, 
Air Force, and Defense agencies, for construction, including acquisi-
tion, 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, $1,622,122,000, to be obligated and 
expended in the Family Housing Management Account established 
pursuant to section 501(a) of Public Law 87-554, in not to exceed the 42 USC 1594a-l. 
following amounts: 
For the Army: 
Construction, $500,000; 
For the Air Force: 
Construction, $500,000; 
For Department of Defense: 
Debt payment, $152,535,000; 
Operation, maintenance, $1,468,587,000: 
Provided, That the amounts provided under this head for construe- 
. i t 
tion, and for debt payment, shall remain available until September 
'^' -'-i ' 
30, 1984: Provided further, That of the amounts appropriated for 
operation and maintenance, not less than $645,000,000 shall be 
available only for the maintenance of real property facilities. 
FOREIGN CURRENCY FLUCTUATION, CONSTRUCTION, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For transfer by the Secretary of Defense to appropriations and 31 USC 628-3. 
funds available during fiscal year 1980, or thereafter, for military 
construction or expenses of family housing for the military depart-
ments and Defense agencies, as he determines necessary to provide 
funds for those appropriations or funds to eliminate losses caused by 
fluctuations in foreign currency exchange rates that vary from 
budget submissions, $100,000,000, and in addition, $25,000,000 which 
shall be derived from Family Housing, Defense, to remain available 
until expended: Provided, That funds transferred from this appropri-
ation shall be merged with and be available for the same purpose, and 
for the same time period, as the appropriation or fund to which 
transferred: Provided further. That authorizations or limitations now 
or hereafter contained within appropriations or other provisions of 
law limiting the amounts that may be obligated or expended are 
93 STAT. 1020 
PUBLIC LAW 96-130—NOV. 30, 1979 
Report to 
Congress. 
42 u s e 3374. 
Prior appropri-
ations. 
Contracts. 
Construction 
costs, expedition. 
Service 
facilities. 
Motor vehicles, 
hire. 
31 u s e 638f. 
Access roads, 
construction. 
31 u s e 700b. 
New bases. 
Land purchases 
or easements. 
hereby increased to the extent necessary to reflect fluctuations in 
foreign currency exchange rates from those used in preparing the 
appHcable budget submission: Provided further, That the Secretary of 
Defense shall provide an annual report to the Congress on all 
transfers made from this appropriation: Provided further, 
That 
contracts or other obligations entered into payable in foreign curren-
cies may be recorded as obligations based on the currency exchange 
rates used in preparing budget submissions and adjustments to 
reflect fluctuations in such rates may be recorded as disbursements 
are made. 
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), 
$1,000,000. 
GENERAL PROVISIONS 
SEC. 101. Funds appropriated to the Department of Defense for 
construction in prior years are hereby made available for construc-
tion authorized for each such department by the authorizations 
enacted into law during the first session of the Ninety-sixth 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 
reasonable 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 
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. 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 
PUBLIC LAW 96-130—NOV. 30, 1979 
93 STAT. 1021 
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 to 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. Appropriations made available for "Family Housing, 
Defense" for construction and debt payment prior to September 17, 
1978, shall not be available for obligation after September 30, 1983, 
and such funds shall be accounted for without distinction with funds 
appropriated for the same purposes in the Military Construction 
Appropriation Act, 1979. 
SEC. 112. None of the funds appropriated in this Act for minor 
construction may be used to transfer or relocate any activity from one 
base or installation to another, without prior notification to the 
Committee on Appropriations. 
SEC. 113. None of the funds appropriated or otherwise made 
available 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. 
SEC. 114. No part of the funds appropriated in this Act 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 procure-
ment. 
SEC. 115. (a) Funds appropriated under this Act for the Air Force 
shall be available in an amount not to exceed $1,000,000 to assist 
States and local governments in potential MX basing areas in 
meeting the costs of establishing planning organizations to conduct 
studies on and develop plans with respect to possible community 
impacts of the MX program, including studies and plans with respect 
to environmental and socioeconomic impacts, State and community 
land use planning, and public facility requirements. 
(b) The Secretary of Defense shall carry out the provisions of this 
section through existing Federal programs. The Secretary is author-
ized to supplement funds made available under such Federal pro-
grams to the extent necessary to carry out the provisions of this 
section. The heads of all departments and agencies shall cooperate 
fully with the Secretary of Defense in carrying out the provisions of 
this section on a priority basis. 
Foreign projects. 
Family housing 
limitations. 
Notification to 
Committee on 
Appropriations. 
B£ise 
realignment 
or closure 
activities. 
Steel, 
procurement. 
MX bases, 
community 
impact studies. 
93 STAT. 1022 
PUBLIC LAW 96-130-NOV. 30,1979 
w "^"^^id 
^^^ ^^^' ^^^^ °^*'*® fanda appropriated under this Act to continue 
mg moae. 
development of 
the MX Missile may be used in a fashion which would 
commit the United States to only one basing mode for the MX missile 
system. 
Short title. 
This Act may be cited as the "Military Construction Appropriation 
Act, 1980". 
Approved November 30, 1979. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-246 (Cbmm. on Appropriations) and No. 96-626 (Comm. of 
SENATE REPORT No. 96-407 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 125 (1979): 
June 18, considered and passed House. 
Nov. 13, considered and passed Senate, amended. 
Nov. 16, House agreed to conference report; receded from its disagreement and 
concurred in certain Senate amendments arid in others with amendments. 
Nov. 19, Senate agreed to conference report and concurred in House amend-
ments.