Volume 84 · 1409
Public Law 91–544
Making appropriations for military construction for the Department of Defense for the fiscal year ending June 30, 1971, and for other purposes.
Approved December 11, 1970
Statutory text
AN ACT
Making appropriations for military construction for the Department of Defense for the fiscal year ending June 30, 1971, 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 other-wise appropriated, for the fiscal year ending June 30, 1971, 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 temporary or permanent public works, military installations, and facilities for the Army as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title It), United States Code, $646,958,000, to remain available until expended.
Military Construction, Navy For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, and facilities for the Navy us currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $302,483,000, to remain a available until expended.
Military Construction, Air Force For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities 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, $284,147,000, to remain available until expended.
Military Construction, Defense Agencies For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, and facilities for activities and agencies of the Department of Defend (other than the military departments and the Office of Civil Defense as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $46,300,000, 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 may be transferred to such appropriations of the Department of Defense available for military construction as he may designate.
Military Construction, Army National Guard For construction, acquisition, expansion, rehabilitation and conversion 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, $15,000,000, to remain available until expended.
Military 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, $8,000,000, to remain available until expended.
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, $10,000,000, to remain available until expended.
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 Forces Facilities Acts, $5,000,000, to remain available until expended.
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, as amended, and the Reserve Forces Facilities Acts, $4,000,000, 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, $806,464,000, 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 following amounts: For the Army: Construction, $46,402,000; Operation, maintenance, $152,500,000; For the Navy and Marine Corps: Construction, $95,174,000; Operation, maintenance, $101,661,000; For the Air Force; Construction, $75,926,000; Operation, maintenance, $165,075,000; For defense agencies: Construction, $326,000; Operation, maintenance, $5,134,000; For Department of Defense: Debt payment, $164,266,000. Provided, That the amounts provided under this head for construction and for debt payment shall remain available until expended.
General Provisions
Sec. 101.
Funds appropriated to the Department of Defense for
Prior appropriations.
construction in prior years are hereby made available for construction authorized for each such department by the authorizations enacted into law during the second session of the Ninety-first Congress.
Sec. 102.
None of the funds appropriated in this Act shall be
Contracts.
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
Construction costs, limitation.
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
Bakery facilities, etc.
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 appropriated to the Department of Defense for construction
Motor vehicles, hire.
are hereby made available for hire of passenger motor vehicles.
Sec. 106.
Funds appropriated to the Department of Defense for
Access roads, construction.
construction may be used for advances to the Bureau of Public Roads, 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
New bases.
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
Land purchase or easements.
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, (b) purchases negotiated by the Attorney General or his designee, and (c) where the estimated value is less than $25,000.
Sec. 109.
None of the funds appropriated in this Act may be used
Foreign projects.
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 appropriations Acts.
Short title.
This Act may be cited as the “Military Construction Appropriations Act, 1971 ”.
Approved December 11, 1970.