Public Law 95–374

An Act

Making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1979, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

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, 2674, and 2675 of title 10, United States Code, $711,509 000, to remain available until September 30, 1983: Provided, That of this amount, not to exceed $64,400,000 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 for 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, 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 necessary for the purposes of this appropriation, $760,145,000, to remain available until September 30, 1983: Provided, That of this amount, not to exceed $46,300,000 shell 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, and facilities for the Air Force as currently authorized in military public works or military construction Acts, and in section 2673, 2674 and 2675 of title 10, United States Code, $483,264,000 to remain available until September 30, 1983: Provided, That of this amount, not to exceed $52,000,000 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 (including transfer of funds) For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, and facilities for activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), as currently authorized in military public works or military construction Acts, and in sections 2673, 2674, and 2675 of title 10, United States Code, $194,880,000, to remain available until September 30, 1983; 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: Provided further, That of the amount appropriated, not to exceed $9,400,000 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 as authorized by chapter 183 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $52,200,000, to remain available until September 30, 1983. 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, as amended, and the Reserve Forces Facilities Acts, $44,750,000, to remain available until September 30, 1988. 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 183 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $37,100,000, to remain available until September 30, 1983. 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, as amended, and the Reserve Forces Facilities Acts, $21,850,000, to remain available until September 30, 1983. 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, $13,000,000, to remain available until September 30, 1983. 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, $1,679,865,000, 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, $60,560,000; For the Navy and Marine Corps: Construction, $33,446,000; For the Air Force: Construction, $35,335,000; For Defense agencies: Construction, $3,024,000; For Department of Defense: Debt payment, $14:8,100,000; Operation, maintenance, $1,399 400,000; Provided, That the amounts provided under this head for construction, and for debt payment, shall remain available until September 30, 1083: Provided further, That of the amounts appropriated for operation and maintenance, not less than $635,000,000 shall be available only for the maintenance of real property facilities. 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), $1,500,000. General Provisions Sec. 101. Funds appropriated to the Department of Defense for 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-fifth 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 U1is 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 he 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 laud 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 va1ue 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 annua1 military construction appropriation Acts. Sec. 111. Appropriations heretofore made available for Military construction, Army; Military construction, Navy; Military construction, Air Force; Military construction, Defense Agencies; Military construction, Army National Guard; Military construction, Air National Guard; Military construction, Army Reserve; Military construction, Naval Reserve; and Military construction, Air Force Reserve, shall not be available for obligation after September 30, 1983. Each such appropriation shall be merged with and shall be available for the same time period as appropriations made in this Act under the same head. 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. This Act may be cited as the “Military Construction Appropriation Act, 1979”.

Approved September 18, 1978.