Pub.L. 104-320 To reauthorize alternative means of dispute resolution in the Federal administrative process, and for other purposes. <> ...

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[[Page 109 STAT. 283]]

Public Law 104-32
104th Congress

                                 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, 1996, and for other 
            purposes. <<NOTE: Oct. 3, 1995 -  [H.R. 1817]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Military 
Construction Appropriations Act, 1996.>>  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 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, $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 appropriation, $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 purposes and notifies the Committees on 
Appropriations of both Houses of Congress of his determination and the 
reasons therefor.

[[Page 109 STAT. 284]]

                    Military Construction, Air Force

                         (including rescissions)

    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, 
$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 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 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 authorized 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 appropriated 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.

[[Page 109 STAT. 285]]

                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 construction 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 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, $161,000,000, 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, 
$116,656,000, to remain available until September

[[Page 109 STAT. 286]]

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 maintenance, including 
debt payment, leasing, minor construction, principal and interest 
charges, and insurance premiums, as authorized by law, as follows: for 
Construction, $525,058,000, to remain available 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 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, 
$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 maintenance, leasing, 
and minor construction, as authorized by law, as follows: for 
Construction, $3,772,000, to remain available for obligation 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 Housing'' 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 
Department 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.

[[Page 109 STAT. 287]]

                   Homeowners Assistance Fund, Defense

    For use in the Homeowners Assistance Fund established by section 
1013(d) of the Demonstration Cities and Metropolitan Development 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 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), $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 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), $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 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

[[Page 109 STAT. 288]]

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.

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