Calendar No. 522

931 CONGRESS

1sT sESN H. R. 11459

[Report No. 93-548]

IN TIIE SENATE OF TIHE UNITED) STATES

NOVEMBER 1li, 197:;

Road \twice and referred to the (olnuiittec on Alplpopri:ntinns

NovimirnEn 19, 197;

ReportedL by Mr. I\ MANSP'IELD, with a lne(dinents

[Oimit the part struck through and insert the part printed in italic]

AN ACT

Making appropriations for military construction for Ihe Depart-

ment of Defense for the fiscal year ending .Bhme :0(, 1974,

and for other purposes.

1 Be it enacted by the Scnate and House of Represenla-

2 lives of the United States of I. crica in. Con arscs assembcld,

3 That the following sums are approlpriated, out of any money

4 in the Treasury not otherwise appropriated, for the fiscal

5 year ending June 30, 1974, for military construction fiunc-

6 tions administered by the I)epartment of Defense, and for

7 other purposes, namely:

8 MILITARY C(ONSTITUCTIoN, ARMY

9 For acquisition, construction. istailltiion, and equipment

10 of temporary or permanent public works. military illsialla-

II

2

1 tions, and facilities for the Army as currently authorized in

2 military public works or military construction Acts, and

3 in sections 2673 and 2675 of title 10, United States Code,

4 $545 7~5 00 $567,735,000, to remain available until

5 expended.

6 MILITARY CONSTRUCTION, NAVY

7 For acquisition, construction, installation, and equip-

8 ment of temporary or permanent public works, naval instal-

9 nations, and facilities for the Navy as currently authorized in

10 military public works or military construction Acts, and in

11 sections 267:3 and 26(75 of title 10, United States Code, in-

12 cluding personnel in the Naval Facilities Engineering Com-

13 mand and other personal services necessary for the purposes

14 of this appropriation, $-744-,000 $608,467,000, to re-

15 main available until expended.

16 MILITARY CONSTRUCTION, Air FORCE

17 For acquisition, construction, installation, and equipment

18 of tell)orary or permanent public works, military installa-

19 lions, and facilities for the Air Force as currently authorized

20 in military public works or military construction Acts, and

21 in sections 267'~ and 2675 of title 10, United States Code,

22 $20,70 ,T00, $261,192,000, to remain available until

23 expended.

24 MILITARY CONSTRUCTION, DEFENSE AGENCIES

2,5 For acquisition, construction, installation, and equipment

2( of leniporary or permanent public works, installations, and

3

1 facilities for activities and agencies of the Department of

2 Defense (other than the military departments and the De-

3 fense Civil Preparedness Agency), as currently authorized

4 in military public works or military construction Acts, and

5 in sections 26(73 and 2675 of title 10, United States Code,

6 $12,000,000 to renmaill available until expj)nded, Ind ijn (addi-

7 tion not to exceed $2(_),00(_),0O() to be derived 13by transfer

8 from the appropriation "Research, development, test, aInd

9 evaluation, Defense Agencies" as determined !by thie Secre-

10 tary of Defense: Providcd, Thaft such amounts of this appro-

11 priation as may be determined by the Secretary of Defense

12 may be transferred to such appropriations of tilhe Department

13 of Defense available for military construction as lie may

14 designate.

15 MILITARY CONSTRUCTION, AHMY NATIONAL GUARD

16 For construction, acquisition, expansion, rehabilitation,

17 and conversion of facilities for the training and administra-

18 tion of the Army National Guard as authorized by chapter

19 133 of title 10, United States Code, as amended, and the

20 Reserve Forces Facilities Acts, 835,200,000, to remain

21 available until expended.

22 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

23 For construction, acquisition, expansion, rehabilitation,

24 and conversion of facilities for the training and administration

25 of the Air National Guard, and contributions thcrefor, as

4

1 authorized by clalpter 133 of title 10, United States Code, as

2 amended, and the Reserve Forces Facilities Acts, $20,000,-

3 000, to remain available until expended.

4 MILITARY CONSTRUCTION, ARnY RESERVE

5 For construction, acquisition, expansion, rehabilitation,

6 and conversion of facilities for the training and administra-

7 tion of the Army Reserve as authorized by chapter 133 of

8 title 10, United States Code, as amended, and the Reserve

9 Forces Facilities Acts, $40,700,000, to remain available

10 until expended.

11 MILITARY CONSM'UCTION, NAVAL RESERVE

12 For construction, acquisition, expansion, rehabilitation,

13 and conversion of facilities for the training and administra-

14 tion of the reserve components of the Navy and Marine

15 Corps as authorized by chapter 133 of title 10, United States

16 Code, as amended, and the Reserve Forces Facilities Acts,

17 422,900,00 $2-0,00,000, to remain available until ex-

18 ended.

19 MILITARY CONSTRUCTION, AIR FORCE RESERVE

20 For construction, acquisition, expansion, rehabilitation,

21 and conversion of facilities for the training and administra-

22 tion of the Air Force Reserve as authorized by chapter 13.3

23 of title 10, United States Code, as amended, and the Reserve.

24 Forces Facilities Acts, $10,000,000, to remain available

25 until expended.

5

1 FAMILY HOUSING, DEFENSE

2 For expenses of family housing for the Army. Navy.

3 Marine Corps, Air Force, and Defense agencies, for con-

4 struction, including acquisition, replacement, addition, ex-

5 pansion, extension an alteration and for operation, mainte-

6 nance, and debt payment, including leasing, minor construe-

7 tion, principal and interest charges, and insurance premiums,

8 as authorized by law, $1,149 - 9- 0 ., $1,188,539,000, to be

9 obligated and expended in the Family Housing Management

10 Account established pursuant to section 501 (a) of Public

11 Law 87-554, in not to exceed the following amounts:

12 For the Army:

13 Construction, $179,320,000;

14 For the Navy and Marine Corps:

15 Construction, $493-947-00 $97,947,000;

16 For the Air Force:

17 Construction, $83,939,000;

18 For Defense agencies:

19 Construction, $540,000;

20 For Department of Defense:

21 Debt payment, $159,177,000;

22 Operation, maintenance, $667,616,000.

23 Provided, That the amounts provided under this head for

24 construction and for debt payment shall remain available

25 until expended.

H.R. 11459-2

6

1 HoMEOWNERS ASSISTANCE FUND, DEFENSE

For use in the Homeowners Assistance Fund established

3 pursuant to section 1013 (d) of the Demonstration Cities

4 and Metropolitan Development Act of 1966 (Public Law

5 89-754, as amended), $7,000,000.

6 GENERAL PROVISIONS

7 SEC. 101. Funds appropriated to the Department of

8 Defense for construction in prior years are hereby made

available for construction authorized for each such depart-

10 ment by the authorizations enacted into law during the first

11 session of the Ninety-third Congress.

12 SEC. 102. None of the funds appropriated in this Act

13 shall be expended for payments under a cost-plus-a-fixed-fee

14 contract for work, where cost estimates exceed $25,000,

15 to be performed within the United States, except Alaska,

16 without the specific approval in writing of the Secretary of

17 Defense setting forth the reasons therefor.

18 SEC. 103. None of the funds appropriated in this Act

19 shall be expended for additional costs involved in expediting

20 construction unless the Secretary of Defense certifies such

21 costs to be necessary to protect the national interest and

22 establishes a reasonable completion date for each project,

23 taking into consideration the urgency of the requirement,

24 the type and location of the project, the climatic and sea-

25 sonal conditions affecting the construction, and the applica-

26 tion of economical construction practices.

7

1 SEC. 104. None of the funds appropriated in this Act

2 shall be used for the construction, replacement, or reactiva-

3 tion of any bakery, laundry, or drycleaning facility in the

4 United States, its territories, or possessions, as to which the

5 Secretary of Defense does not certify. in writing, giving his

6 reasons therefor, that the services to be furnished by such

7 facilities are not obtainable front commercial sources at

8 reasonable rates.

9 SEC. 105. Funds herein appropriated to the Department

10 of Defense for construction shall be available for hire of

11 passenger motor vehicles.

12 SEC. 106. Funds appropriated to the Department of

13 Defense for construction may be used for advances to the

14 Federal Highway Administration, Department of Transpor-

15 tation, for the construction of access roads as authorized by

16 section 210 of title 23, United States Code, when projects

17 authorized therein are certified as important to the national

18 defense by the Secretary of Defense.

19 SEC. 107. None of the funds appropriated in this Act

20 may be used to begin construction of new bases inside the

21 continental United States for which specific appropriations

22 have not been made.

23 SEC. 108. No part of the funds provided in this Act

24 shall be used for purchase of land or land easements in excess

25 of 100 per centum of the value as determined by the Corps

8

1 of Engineers or the Naval Facilities Engineering Command,

2 except: (a) where there is a determination of value by a

3 Federal court, or (b) purchases negotiated by the Attorney

4 General or his designee, or (c) where the estimated value is

5 less than $25,000, or (d) as otherwise determined by the

6 Secretary of Defense to be in the public interest.

7 SEC. 109. None of the funds appropriated in this Act

8 may be used to make payments under contracts for any

9 project in a foreign country unless the Secretary of Defense

10 or his designee, after consultation with the Secretary of the

11 Treasury or his designee, certifies to the Congress that the

12 use, by purchase from the Treasury, of currencies of such

13 country acquired pursuant to law is not feasible for the pur-

14 pose, stating the reason therefor.

15 SEC. 110. None of the funds appropriated in this Act

16 shall be used to (1) acquire land, (2) provide for site

17 preparation, or (3) install utilities for any family housing,

18 except housing for which funds have been made available

19 in annual military construction appropriation Acts.

20 This Act may be cited as the "Military Construction

21 Appropriation Act, 1974".

Passed the House of Representatives November 14, 1973.

Attest: W. PAT JENNINGS,

Clerk.