The text of the bill below is as of Jul 16, 1976 (Passed Congress).
You are reading a bill enacted 17,049 days ago. In the intervening time subsequent legislation may have amended or repealed the provisions below.
PUBLIC LAW 94-367—JULY 16, 1976 90 STAT. 993
Public Law 94-367
94th Congress
An Act
Making appropriations for military construction for the Department of Defense July 16, 1976
for the fiscal year ending September 30, 1977, and for other purposes. [H.R. 14235]
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled^ T h a t the following Military
sums are appropriated, out of any money in the Treasury not otherwise Construction
Appropriation
appropriated, for the fiscal year ending September 30, 1977, for mili- Act, 1977.
t a r y construction functions administered by the Department of
Defense, and for other purposes, n a m e l y :
MILITARY CONSTRUCTION, A R M Y
F o r acquisition, construction, installation, and equipment of tem-
p o r a r y or permanent public works, military installations, and facilities
for the A r m y as currently authorized in military public works or
military construction Acts, and in sections 2673 and 2675 of title 10,
United States Code, $580,868,000, to remain available until expended.
MILITARY CONSTRUCTION, NAVY
F o r acquisition, construction, installation, and equipment of tem-
p o r a r y 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 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, $549,935,000, to remain available until
expended.
MILITARY CONSTRUCTION, A I R FORCE
F o r acquisition, construction, installation, and equipment of tem-
p o r a r y or permanent public works, military installations, and facilities
for the A i r Force as currently authorized in military public works or
military construction Acts, and in sections 2673 and 2675 of title 10,
United States Code, $788,079,000, to remain available until expended.
MILITARY CONSTRUCTION, D E F E N S E AGENCIES
(INCLUDING TRANSFER OF FUNDS)
F o r acquisition, construction, installation, and equipment of tem-
porary or permanent public works, installations, and facilities for
activities and agencies of the D e p a r t m e n t of Defense (other than t h e
military departments and the Defense Civil Preparedness A g e n c y ) ,
as currently authorized in military public works or military construc-
tion Acts, and in sections 2673 and 2675 of title 10, United States Code,
$41,396,000, 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^ T h a t such amounts
of this appropriation as may be determined by the Secretary of
90 STAT. 9 9 4 PUBLIC LAW 9 4 - 3 6 7 — J U L Y 16, 1976
Defense may be transferred to such appropriations of the D e p a r t m e n t
of Defense available for military construction as he may designate:
Enewetak Atoll, Provided further^ T h a t none of the funds appropriated under this
cleanup. p a r a g r a p h may be expended for the cleanup of Enewetak Atoll until
such time as the Secretary of Defense receives certification from
appropriate administering authorities of the T r u s t Territory of the
Pacific Islands t h a t an agreement has been reached with the owners of
t h e land of Enewetak Atoll or their duly constituted representatives
t h a t this appropriation shall constitute the total commitment of the
Government of the United States for the cleanup of Enewetak Atoll.
All feasible economies should be realized in the accomplishment of
this project, t h r o u g h the use of military services' construction and
support forces, their subsistence, equipment, material, supplies a n d
transportation, which have been funded to support ongoing operations
of the military services and would be required for normal operations
of these forces. F u r t h e r , such support should be furnished without
reimbursement from military construction funds.
MILITARY CONSTRUCTION, A R M Y NATIONAL GUARD
F o r construction, acquisition, expansion, rehabilitation, and conver-
sion of facilities for the t r a i n i n g and administration of the A r m y
National G u a r d as authorized by chapter 133 of title 10, U n i t e d States
10 u s e 2231 Code, as amended, and the Keserve Forces Facilities Acts, $61,128,000,
^' **?• to remain available until expended.
MILITARY CONSTRUCTION, A I R NATIONAL GUARD
F o r construction, acquisition, expansion, rehabilitation, and conver-
sion of facilities for the training and administration of the A i r
National Guard, and contributions therefor, as authorized by chapter
133 of title 10, United States Code, as amended, and the Reserve
Forces Facilities Acts, $37,200,000, to remain available until expended.
MILITARY CONSTRUCTION, A R M Y RESERVE
F o r construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the A r m y
Reserve as authorized by chapter 133 of title 10, United States Code,
as amended, and the Reserve Forces Facilities Acts, $53,804,000, to
remain available until expended.
MILITARY CONSTRUCTION, NAVAL RESERVE
F o r 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, $23,600,000, to remain available until expended.
MILITARY CONSTRUCTION, A I R FORCE RESERVE
F o r construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the t r a i n i n g and administration of the A i r
Force Reserve as authorized by chapter 133 of title 10, United States
Code, as amended, and the Reserve Forces Facilities Acts, $10,773,000
to remain available until expended.
PUBLIC LAW 94-367—JULY 16, 1976 90 STAT. 995
FAMILY HOUSING, DEFENSE
For expenses of family housing for the Army, Navy, Marine Corps,
Air Force, and Defense agencies, for construction, including acquisi-
tion, replacement, addition, expansion, extension and alteration and
for operation, maintenance, and debt payment, including leasing,
minor construction, principal and interest charges, and insurance pre-
miums, as authorized by law, $1,304,523,000, 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 42 use
following amounts: 1594a-l.
For the Army:
Construction, $34,410,000;
For the Navy and Marine Corps:
Construction, $35,175,000;
For the Air Force:
Construction, $10,966,000;
For Defense agencies:
Construction, $25,000;
For Department of Defense:
Debt payment, $158,747,000;
Operation, maintenance, $1,065 200,000:
Provided^ That the amounts provided under this head for construc-
tion and for debt payment shall remain available until expended.
GENERAL PROVISIONS
SEC. 101. Funds appropriated to the Department of Defense for Prior
construction in prior years are hereby made available for construction appropriations.
authorized for each such department by the authorizations enacted
into law during the second session of the Ninety-fourth 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
expended for additional costs involved in expediting construction costs, expedition.
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 Service facilities.
for the construction, replacement, or reactivation of any bakery,
laundry, or drycleanin^ 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 rea-
sonable rates.
SEC. 105. Funds herein appropriated to the Department of Defense Motor vehicles,
for construction shall be available for hire of passenger motor vehicles. hire.
SEC. 106. Funds appropriated to the Department of Defense for 31 u s e 638f.
construction may be used for advances to the Federal Highway Access roads,
Administration, Department of Transportation, for the construction construction.
31 u s e 700b.
of access roads as authorized by section 210 of title 23, United States
90 STAT. 996 PUBLIC LAW 94-367—JULY 16, 1976
Code, when projects authorized therein are certified as important to
the national defense by the Secretary of Defense.
New bases. SEC. 107. None of the funds appropriated in this Act may be used
to begin construction of new bases inside the continental United States
for which specific appropriations have not been made.
Land purchases SEC. 108. No part of the funds provided in this Act shall be used
or easements. for 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 Facili-
ties Engineering Command, except: (a) where there is a determination
of value by a Federal court, or (h) 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.
Foreign SEC. 109. None of the funds appropriated in this Act may be used to
contracts. 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, stat-
ing the reason therefor.
Family housing. 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 appropriation
Acts.
Base realignment SEC. 111. None of the funds appropriated or otherwise made avail-
or closure. able under this Act shall be obligated or expended in connection with
any base realignment or closure activity, until all terms, conditions
42 u s e 4321 and requirements of the National Environmental Policy Act have
note. been complied with, with respect to each such activity.
Short title. This Act may be cited as the "Military Construction Appropriation
.i\.Ctj X(7 t • •
Approved July 16, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94-1222 (Comm. on Appropriations) and No. 94-1314 (Comm.
of Conference).
SENATE REPORT No. 94-971 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 122 (1976):
June 16, considered and passed House.
June 26, considered and passed Senate, amended.
July 1, House agreed to conference report; receded and concurred with an
amendment to Senate amendment.
July 2, Senate agreed to conference report; concurred in House amendment.
