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Calendar No. 117
105th CONGRESS
1st Session
H. R. 2016
[Report No. 105-52]
_______________________________________________________________________
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, 1998, and for other purposes.
_______________________________________________________________________
July 9, 1997
Received; read twice and referred to the Committee on Appropriations
July 17, 1997
Reported with amendments
Calendar No. 117
105th CONGRESS
1st Session
H. R. 2016
[Report No. 105-52]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 9, 1997
Received; read twice and referred to the Committee on Appropriations
July 17, 1997
Reported by Mr. Burns, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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, 1998, 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, 1998, 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
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, <DELETED>$721,027,000
</DELETED>$652,046,000, to remain available until September 30, 2002:
Provided, That of this amount, not to exceed <DELETED>$71,577,000
</DELETED>$77,646,000 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.
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
appropriation, <DELETED>$685,306,000 </DELETED>$605,756,000, to remain
available until September 30, 2002: Provided, That of this amount, not
to exceed <DELETED>$46,659,000 </DELETED>$46,489,000 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, Air Force
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, <DELETED>$662,305,000 </DELETED>$662,305,000, to remain
available until September 30, 2002: Provided, That of this amount, not
to exceed <DELETED>$45,880,000 </DELETED>$48,880,000 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-wide
(including transfer of funds)
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,
<DELETED>$613,333,000 </DELETED>$690,889,000, to remain available until
September 30, 2002: 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
<DELETED>$34,350,000 </DELETED>$52,450,000 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, 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, <DELETED>$45,098,000 </DELETED>$234,614,000, to
remain available until September 30, 2002.
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, <DELETED>$137,275,000 </DELETED>$185,115,000, to
remain available until September 30, 2002.
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,
<DELETED>$77,731,000 </DELETED>$96,079,000, to remain available until
September 30, 2002.
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, <DELETED>$40,561,000 </DELETED>$21,111,000, to
remain available until September 30, 2002.
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,
<DELETED>$27,143,000 </DELETED>$31,830,000, to remain available until
September 30, 2002.
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, <DELETED>$166,300,000 </DELETED>$152,600,000, 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,
<DELETED>$202,131,000 </DELETED>$167,100,000, to remain available until
September 30, 2002; for Operation and Maintenance, and for debt
payment, <DELETED>$1,148,937,000 </DELETED>$1,149,937,000; in all
<DELETED>$1,351,068,000 </DELETED>$1,317,037,000.
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, <DELETED>$409,178,000 </DELETED>$362,619,000, to remain
available until September 30, 2002; for Operation and Maintenance, and
for debt payment, $976,504,000; in all <DELETED>$1,385,682,000
</DELETED>$1,339,123,000.
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,
<DELETED>$341,409,000 </DELETED>$296,633,000, to remain available until
September 30, 2002; for Operation and Maintenance, and for debt
payment, $830,234,000; in all <DELETED>$1,171,643,000
</DELETED>$1,126,867,000.
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, $4,950,000, to remain available until September 30, 2002;
for Operation and Maintenance, $32,724,000; in all $37,674,000.
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), $116,754,000, to remain
available until expended: Provided, That not more than $105,224,000 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), $768,702,000, to remain
available until expended: Provided, That not more than $398,499,000 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), $1,175,398,000, to remain
available until expended: Provided, That not more than $353,604,000 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
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