The text of the bill below is as of Aug 15, 1977 (Passed Congress).
You are reading a bill enacted 16,849 days ago. In the intervening time subsequent legislation may have amended or repealed the provisions below.
PUBLIC LAW 95-101—AUG. 15, 1977 91 STAT. 837
Public Law 95-101
95th Congress
An Act
Making appropriations for military construction for the Department of Defense Aug. 15, 1977
for the fiscal year ending September 30,1978, and for other purposes. [H.R. 7589]
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled^ That the following Military
sums are appropriated, out of any money in the Treasury not other- Construction
wise appropriated, for the fiscal year ending September 30, 1978, for Appropriation
Act, 1978.
military construction functions administered by the Department of
Defense, and for other purposes, namely:
' MILITARY CONSTRUCTION, ARMY
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, and facili-
ties for the Army as currently authorized in military public works
or military construction Acts, and in sections 2673 and 2675 of title
10, United States Code, $527,769,000, to remain available until
expended.
MILITARY CONSTRUCTION, NAVY
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, naval installations, and facilities
for the Navy as currently authorized in military public works or mili-
tary construction Acts, and in sections 2673 and 2675 of title 10,
United States Code, including personnel in the Naval Facilities Engi-
neering Command and other personal services necessary for the pur-
poses of this appropriation, $463,056,000, to remain available until
expended.
MILITARY CONSTRUCTION, AIR FORCE ' '
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, and facili-
ties 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, $406,986,000, to remain available until expended.
MILITARY CONSTRUCTION, DEFENSE AGENCIES
( I N C L U D I N G T R A N S F E R O F FUNDS)
For acquisition, construction, installation, and equipment of tem-
porary 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 and 2675 of title 10, United States Code,
$58,009,000, 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
9 1 STAT. 8 3 8 PUBLIC LAW 9 5 - 1 0 1 — A U G . 15, 1977
may be transferred to such appropriations of the Department of
Deiense available for military construction as he may designate.
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 t h e A r m y
National G u a r d as authorized by chapter 133 of title 10, United States
10 u s e 2231. Code, as amended, and the Reserve Forces Facilities Acts, $49,400,000,
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, $43,300,000, to remain available until expended.
MILITARY CONSTRUCTION, A R M Y RESERVE
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 t h e A r m y
Reserve as authorized by chapter 133 of title 10, United States Code,
as amended, and the Reserve Forces Facilities Acts, $50,500,000, to
remain available until expended.
MILITARY CONSTRUCTION, NAVAL RESERVE •
F o r construction, acquisition, expansion, rehabilitation, and conver-
sion 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, $21,700,000, to remain available until expended.
MILITARY CONSTRUCTION, A I R FORCE RESERVE
F o r construction, acquisition, expansion, rehabilitation, and
conversion of facilities for t h e t r a i n i n g and administration of t h e
A i r Force Reserve as authorized by chapter 133 of title 10, United
States Code, as amended, and the Reserve Forces Facilities Acts,
$11,200,000, to remain available until expended.
FAMILY HOUSING, DEFENSE
F o r expenses of family housing for the A r m y , Navy, Marine Corps,
A i r 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, $1,460,140,000, to be obligated and
expended in the F a m i l y Housing Management Account established
42 u s e pursuant to section 501(a) of Public L a w 87-554, in not to exceed
1594a-l. t h e following a m o u n t s :
F o r the Navy and Marine C o r p s :
Construction, $26,837,000, and in addition $8,354,000 may be
obligated and expended from appropriations heretofore made
PUBLIC LAW 95-101—AUG. 15, 1977 91 STAT. 839
to this account and made available for obligation and expenditure
for the Army;
For the Air Force:
Construction, $8,155,000;
For Defense agencies:
Construction, $208,000;
For Department of Defense:
Debt payment, $151,440,000;
Operation, maintenance, $1,265,000,000;
Energy consumption metering, $8,500,000:
Provided^ That the amounts provided under this head for construction,
for debt pajnnent, and for energy consumption metering shall remain
available until expended: Provided further^ That of the amounts
appropriated for operations and maintenance, not less than
$550,000,000 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), 42 use 3374.
$1,500,000.
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 first session of the Ninety-fifth 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 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 reason-
able 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.
Access roads,
construction may be used for advances to the Federal Highway Admin- construction.
istration, Department of Transportation, for the construction of access 31 u s e 700b.
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.
91 STAT. 840 PUBLIC LAW 95-101—AUG. 15, 1977
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 for
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, 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.
Foreign projects. 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 tx) law is not feasible for the purpose,
stating the reason therefor.
Family housing SEC. 110. None of the funds appropriated in this Act shall be used
limitations. 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
activities. 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.
Short title. This Act may be cited as the "Military Construction Appropriation
Act, 1978".
Approved August 15, 1977.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95-388 (Comm. on Appropriations) and No. 95-560 (Comm.
of Conference).
SENATE REPORT No. 95-295 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 123 (1977):
June 21, considered and passed House.
June 29, considered and passed Senate, amended.
Aug. 3, House agreed to conference report; concurred in Senate amendment with
an amendment.
Aug. 5, Senate agreed to conference report; concurred in Senate amendment. ^- -
