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H.R. 2017 (ih) To amend section 1926 of the Public Health Service Act to encourage States to strengthen their efforts to prevent the sale and distribution of tobacco products to individuals under the age of 18, and for other purposes. ...


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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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