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Text of the Military Construction Appropriation Act, 1981

This bill was enacted after being signed by the President on October 13, 1980. The text of the bill below is as of Oct 13, 1980 (Passed Congress/Enrolled Bill).

PUBLIC LAW 96-436—OCT. 13, 1980                                  94 STAT. 1863

Public Law 96 -436
96th Congress
                                   An Act
Making appropriations for military construction for the Department of Defense for     Oct. 13, 1980
        the fiscal year ending September 30, 1981, and for other purposes.             [H.R. 7592]

  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following                  Militrary
                                                                                    Construction
sums are appropriated, out of any money in the Treasury not                         Appropriation
otherwise appropriated, for the fiscal year ending September 30,                    Act, 1981.
1981, for military construction functions administered by the Depart-
ment 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, 2674, and 2675 of
title 10, United States Code, $857,834,000, of which $840,000 may be
paid for use after 1960 by the Government of the United States of
land on Roi-Namur Island, Marshall Islands District of the Trust
Territories of the Pacific Islands, as authorized by the Military
Construction Authorization Act, 1980, to remain available until                     93 Stat. 1017.
September 30, 1985: Provided, That of this amount, not to exceed                    Notification to
                                                                                    congressional
$74,950,000 shall be available for study, planning, design, architect               committees.
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:
And provided further, That $4,700,000 of the funds available for
planning and design shall be available only for activities related to
the conversion of facilities to alternative fuels.
                     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
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 neces-
sary for the purposes of this appropriation, $775,273,000, to remain
                                                                      Notification to
available until September 30, 1985: Provided, That of this amount, congressional
not to exceed $63,790,000 shall be available for study, planning, committees.
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 Appro-
priations of both Houses of Congress of his determination and the
reasons therefor: Provided further, That $1,000,000 of the funds
available for planning and design shall be available only to assist
State and local governments in community impact planning for the

94 STAT. 1864 PUBLIC LAW 96-436—OCT. 13, 1980 fleet submarine support base at Kings Bay, Georgia: And provided further, That $8,100,000 of the funds available for planning and design shall be available only for activities related to the conversion of facilities to alternative fuels. 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, 2674, and 2675 of title 10, United States Code, $861,125,000, to remain available until Notification to September 30, 1985: Provided, That of this amount, not to exceed congressional $139,400,000 shall be available for study, planning, design, architect committees. 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 $5,000,000 of the funds available for planning and design shall be available only to assist State and local govern- ments in community impact planning in potential MX basing areas: Provided further. That no part of the funds in this Act may be used to transfer or move chemical or gas weapons into MX impacted areas: And provided further. That $6,000,000 of the funds available for planning and design shall be available only for planning and design for activities related to the conversion of facilities to alternative fuels. MILITARY CONSTRUCTION, DEFENSE AGENCIES (INCLUDING TRANSFER OF 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), as currently authorized in military public works or military construction Acts, and in sections 2673, 2674, and 2675 of title 10, United States Code, $245,600,000, to remain available until September 30, 1985; and, in addition, not to exceed $20,000,000 to be derived by transfer from the appropriation "Research, develop- ment, test, and evaluation, Defense Agencies" as determined by the Secretary of Defense: Provided, That such amounts of this appropri- ation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense Notification to available for military construction as he may designate: Provided congressional further. That of the amount appropriated, not to exceed $7,000,000 committees. 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 pur- poses and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor. NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE For the United States share of the cost of multilateral programs for the acquisition or construction of military facilities and installations (including international military headquarters) for the collective defense of the North Atlantic Treaty Area as authorized in military construction acts, $250,000,000, to remain available until expended:
PUBLIC LAW 96-436—OCT. 13, 1980 94 STAT. 1865 Provided, That unexpended balances of funds, as determined by the Secretary of Defense, heretofore appropriated under the headings "Military Construction, Army" and "Military Construction, Defense Agencies" may be transferred to this appropriation. MILITARY CONSTRUCTION, ARMY NATIONAL GUARD For construction, acquisition, expansion, rehabiHtation, and con- version of facihties for the training and administration of the Army National Guard as authorized by chapter 133 of title 10, United lo use 2231 et States Code, as amended, and the Reserve Forces Facilities Acts, seq. $42,269,000, to remain available until September 30,1985. 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, $83,200,000, to remain available until Septem- ber 30,1985. 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, $43,200,000, to remain available until September 30,1985. 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, $33,000,000, to remain available until Septem- ber 30,1985. MILITARY CONSTRUCTION, AIR FORCE RESERVE For construction, acquisition, expansion, rehabilitation, and con- version 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, $21,600,000, to remain available until September 30,1985. MILITARY CONSTRUCTION, RESERVE COMPONENTS GENERALLY For construction, acquisition, expansion, rehabilitation, and con- version of facilities for the training and administration of the reserve components of the Armed Forces, $3,742,000, to be allocated by the Secretary of Defense for the Army Reserve.
94 STAT. 1866 PUBLIC LAW 96-436—OCT. 13, 1980 FAMILY HOUSING, DEFENSE (INCLUDING TRANSFER OF FUNDS) 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 premiums, as authorized by law, $2,007,893,000, to be obligated and expended in the Family Housing Management Account established 42 u s e 1594a-l. pursuant to section 501(a) of Public Law 87-554, in not to exceed the following amounts: For the Army: Construction, $82,133,000; For the Navy and Marine Corps: Construction, $86,786,000; For the Air Force: Construction, $53,575,000; For the Defense Agencies: Construction, $468,000; For the Department of Defense: Debt payment, $133,605,000; Operation, maintenance, $1,651,326,000; Provided, That the amounts provided under this head for construc- tion, and for debt payment, shall remain available until September 30,1985: Provided further, That funds previously appropriated under this head in fiscal year 1979 and prior fiscal years for construction in the amount of $400,000 for the Navy and Marine Corps, and for debt payment in the amount of $18,251,000 for the Department of Defense shall be transferred and merged in the Family Housing Management Account with, and be available for the same period as, the funds appropriated in this Act for construction and debt service for such departments and agencies, and such funds may be obligated and expended for such purposes: Provided further. That of the amounts appropriated for operation and maintenance, not less than $811,711,000 shall be available only for the maintenance of real property facilities. GENERAL PROVISIONS Prior SEC. 101. Funds appropriated to the Department of Defense for appropriations. construction in prior years are hereby made available for construc- tion authorized for each such department by the authorizations enacted into law during the second session of the Ninety-sixth Congress. Contracts. 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. Construction SEC. 103. None of the funds appropriated in this Act shall be costs. 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
PUBLIC LAW 96-436—OCT. 13, 1980 94 STAT. 1867 seasonal conditions affecting the construction, and the application of Service facilities. economical construction practices. SEC. 104. None of the funds appropriated in this 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 Motor vehicles, for construction shall be available for hire of passenger motor hire. vehicles. 31 u s e 638f. SEC. 106. Funds appropriated to the Department of Defense for Access roads, construction may be used for advances to the Federal Highway construction. Administration, Department of Transportation, for the construction 31 u s e 700b. 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 to New bases. 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 purchases purchase of land or land easements in excess of 100 per centum of the or easements. 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. SEC. 109. None of the funds appropriated in this Act may be used to Foreign projects. 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 Family housing (1) acquire land, (2) provide for site preparation, or (3) install utilities limitations. for any family housing, except housing for which funds have been made available in annual miUtary construction appropriation Acts. SEC. 111. None of the funds appropriated in this Act nor minor Notification to eommittee on construction may be used to transfer or relocate any activity from one Appropriations. base or installation to another, without prior notification to the Committee on Appropriations. SEC. 112. None of the funds appropriated or otherwise made Base available under this Act shall be obligated or expended in connection realignment or with any base realignment or closure activity, until all terms, closure activities. conditions and requirements of the Nation r<l Environmental Policy Act have been complied with, with respect to each such activity. 42 u s e 4321 SEC. 113. No part of the funds appropriated in this Act may be used note. for the procurement of steel for any construction project or activity Steel, for which American steel producers, fabricators, and manufacturers procurement. have been denied the opportunity to compete for such steel procure- ment. SEC. 114. None of the funds available to the Department of Defense Notification to for military construction during the current fiscal year may be congressional obligated for projects under the authority of section 402 of the committees. Military Construction Authorization Act, 1980, or similar provisions 93 Stat. 939.
94 STAT. 1868 PUBLIC LAW 96-436—OCT. 13, 1980 in prior-year military construction authorization Acts until twenty- one days have passed after the Secretary of Defense has notified the Committees on Appropriations of the Senate and the House of Representatives of the purpose and estimated cost of construction for which these funds are to be used under such authorities. Indian Ocean SEC. 115. NO part of the funds appropriated in this Act for dredging dredging. in the Indian Ocean may be used for the performance of the work by foreign contractors: Provided, That the low responsive bid of a United States contractor does not exceed the lowest responsive bid of a foreign contractor by greater than 20 per centum. Solar energy SEC. 116. During the current fiscal year none of the funds available systems, to the Department of Defense for military construction or family installation. housing shall be available to furnish or install solar energy systems in new facilities (including family housing) unless such systems can be shown to be cost effective using the sum of all capital and operating expenses associated with the energy system of the building involved over the expected life of such system or during a period of twenty-five years, whichever is shorter, and using marginal fuel costs as determined by the Secretary of Defense and at a discount rate of 7 per centum per year. Vandenberg Air SEC. 117. No part of the funds appropriated in this Act for Force Base, construction of space transportation system facilities at Vandenberg Calif. Air Force Base, California, may be obligated until the first rollout of the Space Shuttle has been accomplished. MX missile SEC. 118. No part of the funds appropriated in this Act may be facilities, design. obligated for design of any site-specific facilities for the MX missile system until all terms, conditions, and requirements of the National Environmental Policy Act (42 U.S.C. 4332) are met, which will include a complete analysis of a split basing alternative. SEC. 119. No part of the funds appropriated in this Act may be used for the design of an area security system for the MX missile system. SEC. 120. None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation. Naval medical SEC. 121. None of the funds appropriated under this Act to con- facility, San struct facilities required for and associated with a Naval hospital or Diego, Calif. medical center in San Diego, California, may be used unless such construction is performed on real property in which the interests of the United States is at least fee title: Provided, however, That fee title may be subject to a reverter to the City of San Diego in the event and at such time as the United States shall cease to use the property for a site for a Naval hospital or medical center, and for related purposes. SEC. 122. No part of the funds appropriated in this Act may be used to pay the compensation of an officer of the Government of the United States or to reimburse a contractor for the employment of a person for work in the continental United States by any such person if such person is an alien who has not been lawfully admitted to the United States. Consulting SEC. 123. The expenditure of any appropriation under this Act for service contracts. any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expendi- tures are a matter of public record and available for public inspec- tion, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 124. Notwithstanding any other provision of law, any funds appropriated to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or
PUBLIC LAW 96-436—OCT. 13, 1980 94 STAT. 1869 contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were appropriated if the funds obligated for such project (1) are obligated from funds available for military construction projects, and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law. SEC. 125. Each department and agency for which appropriations Overdue debts. are made under this Act shall take immediate action (1) to improve the collection of overdue debts owed to the United States within the jurisdiction of that department or agency; (2) to bill interest on delinquent debts as required by the Federal Claims Collection Standards; and (3) to reduce amounts of such debts written off as uncollectible. SEC. 126. (a) For fiscal year 1982 and thereafter, a department or Report to establishment—as defined in section 2 of the Budget and Accounting congressional Act, 1921—shall submit annually to the House and Senate Appropri- committees. ations Committees, as part of its budget justification, the estimated 31 u s e 28. amount of funds requested for consulting services; the appropriation 31 u s e 2. accounts in which such funds are located; and a brief description of the need for consulting services, including a list of major programs that require consulting services. (b) For fiscal year 1982 and thereafter, the Inspector General of Report to such department or establishment, or comparable official, or if there Congress. is no Inspector General or comparable official, the agency head or the agency head's designee, shall submit to the Congress along with the budget justification, an evaluation of the agency's progress to insti- tute effective management controls and improve the accuracy and completeness of the data provided to the Federal Procurement Data System regarding consultant service contractual arrangements. SEC. 127. No part of the funds appropriated in this Act may be used for the purchase of foreign steel for the construction of the shelters or bases of the proposed MX missile system. This Act may be cited as the "Military Construction Appropriation Short title. Act, 1981". Approved October 13, 1980. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 96-1097 (Comm. on Appropriations) and 96-1433 (Comm. of Conference). SENATE REPORT No. 96-931 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 126 (1980): June 27, considered and passed House. Sept. 17, considered and passed Senate, amended. Sept. 30, House agreed to conference report; receded and concurred in certain Senate amendments, in others with amendments. Senate agreed to confer- ence report and concurred in House amendments.