(e) Subject to the limitations contained in subsection (a), no individual project authorized under title I, II, III, or IV of this Act for any specifically listed military installation may be placed under contract if— (1) the estimated cost of such project is $400,000 or more, and (2) the current working estimates of the Department of Defense, based upon bids received for the construction of such project, exceed by more than 25 per centum the amount authorized for such project by the Congress, until after the expiration of thirty days from the date on which a written report of the facts relating to the increased cost of such project, including a statement of the reasons for such increase, has been submitted to the Committees on Armed Services of the Senate and House of Representatives. (d) The Secretary of Defense shall submit an annual report to the Congress identifying each individual project which has been placed under contract in the preceding twelve-month period and with respect to which the then current working estimate of the Department of Defense based upon bids received for such project exceeded the amount authorized by the Congress for that project by more than 25 per centum. The Secretary shall also include in such report each individual project with respect to which the scope was reduced in order to permit contract award within the available authorization for such project. Such report shall include all pertinent cost information for each individual project, including the amount in dollars and percentage by which the current working estimate based on the contract price for the project exceeded the amount authorized for such project by the Congress. SEC. 604. Contracts for construction made by the United States for performance within the United States and its possessions under this Act shall be executed under the jurisdiction and supervision of the Corps of Engineers, Department of the Army, or the Naval Facilities Engineering Command, Department of the Navy, or such other department or Government agency as the Secretaries of the military departments recommend and the Secretary of Defense approves to assure the most efficient, expeditious, and cost-effective accomplishment of the construction herein authorized. The Secretaries of the military departments shall report annually to the President of the Senate and the Speaker of the House of Representatives a breakdown of the dollar value of construction contracts completed by each of the several construction agencies selected together with the design, construction supervision, and overhead fees charged by each of the several agents in the execution of the assigned construction. Further, such contracts (except architect and engineering contracts which, unless specifically authorized by the Congress shall continue to be awarded in accordance with presently established procedures, customs, and practice) shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national security will not be impaired and the award is consistent with chapter 137 of title 10, United States Code. The Secretaries of the military departments shall report annually to the President of the Senate and the Speaker of the House of Representatives with respect to all contracts awarded on other than a competitive basis to the lowest responsible bidder. SEC. 605. As of January 1, 1977, all authorizations for military public works, including family housing, to be accomplished by the Secretary of a military department in connection with the establishment or development of installations and facilities, and all authorizations for appropriations therefor, that are contained in titles II, II, III, IV, and V of the Act of December 27, 1974, Public Law 93-552 (88 Stat. 1745), and all such authorizations contained in Acts approved before December 28, 1974, and not superseded or otherwise modified by a later authorization are repealed except (1) authorizations for public works and for appropriations therefor that are set forth in those Acts in the titles that contain the general provisions; (2) authorizations for public works projects as to which appropriated funds have been obligated for construction contracts, land acquisition, or payments to the North Atlantic Treaty Organization, in whole or in part before January 1, 1977, and authorizations for appropriations therefor; 51-344 O-75-2 (3) notwithstanding the repeal provisions of section 605 of the Act of December 27, 1974, Public Law 93-552 (88 Stat. 1745, 1761), authorizations for the following items which shall remain in effect until January 1, 1978: (a) Barracks with mess construction in the amount of $535,000 at Camp A. P. Hill, Virginia, that is contained in title I, section 101 of the Act of November 29, 1973 (87 Stat. 661), as amended. (b) Barracks with mess construction in the amount of $476,000 at Camp Pickett, Virginia, that is contained in title I, section 101 of the Act of November 29, 1973 (87 Stat. 661), as amended. (c) Military Police Barracks with support facilities construction in the amount of $1,831,000 and confinement facility construction in the amount of $6,287,000 at Fort Leonard Wood, Missouri, that is contained in title I, section 101 of the Act of November 29, 1973 (87 Stat. 661), as amended. (d) Barracks Complex construction in the amount of $8,622,000 at Fort Ord, California, that is contained in title I, section 101 of the Act of November 29, 1973 (87 Stat. 662), as amended. (e) Barracks construction in the amount of $2,965,000 at Aberdeen Proving Ground, Maryland, that is contained in title I, section 101 of the Act of November 29, 1973 (87 Stat. 662), as amended. (f) Barracks with mess construction in the amount of $466,000 at Natick Laboratories, Massachusetts, that is contained in title I, section 101 of the Act of November 29, 1973 (87 Stat. 662), as amended. (g) Barracks without mess construction in the amount of $3,060,000 at Fort Greely, Alaska, that is contained in title I, section 101 of the Act of November 29, 1973 (87 Stat. 662), as amended. (h) Relocate Weapons Ranges from Culebra Complex in the amount of $12,000,000 for the Atlantic Fleet Weapons Range, Roosevelt Roads, Puerto Rico, that is contained in title II, section 204 of the Act of November 29, 1973 (87 Stat. 668), as amended. SEC. 606. None of the authority contained in titles I, II, III, and IV of this Act shall be deemed to authorize any building construction projects inside the United States in excess of a unit cost to be determined in proportion to the appropriate area construction cost index, based on the following unit cost limitations where the area construction index is 1.0: (1) $39.50 per square foot for permanent barracks; (2) $42.50 per square foot for bachelor officer quarters; unless the Secretary of Defense, or his designee, determines that because of special circumstances, application to such project of the limitations on unit costs contained in this section is impracticable: Provided, That notwithstanding the limitations contained in prior Military Construction Authorization Acts on unit costs, the limitations on such costs contained in this section shall apply to all prior authorizations for such construction not heretofore repealed and for which construction contracts have not been awarded by the date of enactment of this Act. SEC. 607. Chapter 159 of title 10, United States Code, is amended: (1) By striking out the figure "$300,000" in the item relating to section 2674 in the analysis and inserting "$400,000" in place thereof. (2) By striking out the figure "$300,000" in the catchline of section 2674 and inserting "$400,000" in place thereof. (3) By striking out the figures "$300,000," "$100,000," and "$50,000" in section 2674 (b) and inserting "$400,000,” “$200,000,” and “$75,000," respectively, in place thereof. (4) By striking out the figure "$50,000" in sections 2674 (a) and (e) and inserting "$75,000” in place thereof. (5) By striking out "quarterly" in section 2662 (b) and inserting in place thereof, "annually." (6) By striking section 2662 (c) and inserting in place thereof : "This section applies only to real property in the United States, Puerto Rico, Guam, the American Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. It does not apply to real property for river and harbor projects or flood control projects, or to leases of Government-owned real property for agricultural or grazing purposes or to any real property acquisition specifically authorized in a Military Construction Authorization Act." (7) By adding the following new subsection to section 2667: "(f) Notwithstanding clause (3), subsection (a), real property and associated personal property, which have been determined excess as the result of a Defense installation realignment or closure, may be leased to State or local governments pending final disposition if: "(1) The Secretary concerned determines that such action would facilitate State or local economic adjustment efforts, and “(2) The Administrator, General Services Administration, concurs in the action." (8) By adding the following new section: "SEC. 2672. (a) Acquisition: interests in land when need is urgent. The Secretary of a military department may acquire any interest in land that— "(1) he or his designee determines is needed in the interest of national defense; and "(2) is required to maintain the operational integrity of a military installation; and "(3) considerations of urgency do not permit the delay necessary to include the required acquisition in an annual Military Construction Authorization Act. Appropriations available for military construction will be used for the purposes of this section. The authority to acquire an interest in land under this section includes authority to make surveys and acquire interests in land (including temporary use), by gift, purchase, exchange of land owned by the United States, or otherwise." (9) By striking from the catchline and analysis relating to section 2675 the first colon and all that follows: (10) By striking the following words from the first sentence of section 2675, "that are not located on a military base and". SEC. 608. In addition to all other authorized variations of cost limitations or floor area limitations contained in this Act or prior Military Construction Authorization Acts, the Secretary of Defense, or his designee, may permit increases in the cost limitations or floor area limitations by such amounts as may be necessary to equip any projects with solar heating and/or cooling equipment. SEC. 609. Titles I, II, III, IV, V, and VI of this Act may be cited as the "Military Construction Authorization Act, 1976”. TITLE VII GUARD AND RESERVE FORCES FACILITIES SEC. 701. Subject to chapter 133 of title 10, United States Code, the Secretary of Defense may establish or develop additional facilities for the Guard and Reserve Forces, including the acquisition of land therefor, but the cost of such facilities shall not exceed (1) For the Department of the Army: (a) Army National Guard of the United States, $54,745,000. (2) For the Department of the Navy: Naval and Marine Corps Reserves, $34,800,000. (3) For the Department of the Air Force : (a) Air National Guard of the United States, $55,100,000. (b) Air Force Reserve, $16,500,000. SEC. 702. The Secretary of Defense may establish or develop installations and facilities under this title without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), and sections 4774 and 9774 of title 10, United States Code. The authority to place permanent or temporary improvements on lands includes authority for surveys, administration, overhead, planning, and supervision incident to construction. That authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is held temporarily. The authority to acquire real estate or land includes authority to make surveys and to acquire land, and interests in land (including temporary use), by gift, purchase, exchange of Government-owned land, or otherwise. SEC. 703. Chapter 133, title 10, United States Code, is amended by striking out the figure "$25,000" in paragraph (2) of section 2233a, and inserting the figure “$50,000” in place thereof. SEC. 704. This title may be cited as the "Guard and Reserve Forces Facilities Authorization Act, 1976." TITLE VIII SEC. 801. The Secretary of Defense and the Secretaries of the Army, Navy, and Air Force may establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment beginning with fiscal year 1977 in the following amounts: (a) For the Department of the Army: Inside and outside the United States, $932,100,000, including $90,000,000 for the United States share of the cost of multilateral programs for the acquisition or construction of military facilities, including international military headquarters for the collective defense of the North Atlantic Treaty Area. (b) For the Department of the Navy: Inside and outside the United States, $673,632,000. (c) For the Department of the Air Force: Inside and outside the United States, $1,035,000,000. (d) For Defense Agencies of the Department of Defense: Inside and outside the United States, $39,051,000. (e) For the Secretary of Defense, for establishment or development of installations and facilities not otherwise authorized by law which he determines to be vital to the security of the United States: Inside and outside the United States, $30,000,000. (f) For the Secretary of Defense, for military family housing and homeowners assistance: (1) for construction or acquisition of sole interest in family housing, including demolition, authorized improvements to public quarters, minor construction, relocation of family housing, rental guarantee payments, and planning, $253,000,000. (2) for support of military family housing, including operating expenses, leasing, maintenance of real property, payments of principal and interest on mortgage debts incurred, payment to the Commodity Credit Corporation, and mortgage insurance premiums authorized under section 222 of the National Housing Act, as amended (12 U.S.C. 1715m), $1,169,893,000. (3) for homeowners assistance under section 1013 of Public Law 89-754 (80 Stat. 1255, 1290), including acquisition of properties, $2,000,000. (g) For the Guard and Reserve Forces of the United States Army, Navy, Marine Corps, and Air Force, subject to chapter 133 to title 10, United States Code, as follows: (1) For the Department of the Army: (a) Army National Guard of the United States, $39,700,000. (2) For the Department of the Navy: Naval and Marine Corps Reserves, $21,800,000. (3) For the Department of the Air Force : (a) Air National Guard of the United States, $32,500,000. (b) Air Force Reserve, $13,000,000. STATEMENT OF PERRY J. FLIAKAS, DEPUTY ASSISTANT SECRETARY OF DEFENSE, INSTALLATIONS AND HOUSING, ACCOMPANIED BY EVAN R. HARRINGTON, DIRECTOR, FACILITIES PROGRAMING, OFFICE OF THE DEPUTY ASSISTANT SECRETARY OF DEFENSE, INSTALLATIONS AND HOUSING; JOHN F. ROLLENCE, DIRECTOR, HOUSING PROGRAMS, OFFICE OF THE DEPUTY ASSISTANT SECRETARY OF DEFENSE, INSTALLATIONS AND HOUSING; E. A. ROGNER, DIRECTOR, INSTALLATION MANAGEMENT AND PLANNING, OFFICE OF THE DEPUTY ASSISTANT SECRETARY OF DEFENSE, INSTALLATIONS AND HOUSING; KENNETH P. SEARS, REAR ADMIRAL, USN, CONSTRUCTION OPERATIONS AND FACILITIES MANAGEMENT, OFFICE OF THE DEPUTY ASSISTANT SECRETARY OF DEFENSE, INSTALLATIONS AND HOUSING; SIGMUND I. GERBER, DIRECTOR, CONSTRUCTION STANDARDS AND DESIGN, OFFICE OF THE DEPUTY ASSISTANT SECRETARY OF DEFENSE, INSTALLATIONS AND HOUSING; JAMES B. SCHREPEL, STAFF DIRECTOR, GUARD/RESERVE FORCES FACILITIES, OFFICE OF THE DEPUTY ASSISTANT SECRETARY OF DEFENSE, INSTALLATIONS AND HOUSING; VERNON MCKENZIE, PRINCIPAL DEPUTY, OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE, HEALTH AND ENVIRONMENT; GORDON K. DOWERY, LIEUTENANT COLONEL, USA, DEPUTY DIRECTOR, RESOURCE PLANNING, OFFICE OF THE DEPUTY ASSISTANT SECRETARY OF DEFENSE, HEALTH RESOURCES AND PROGRAMS; JOSEPH MILLER, ASSISTANT FOR NATO AFFAIRS, OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE, INTERNATIONAL SECURITY AFFAIRS; DAVID W. REAM, OFFICE OF THE GENERAL COUNSEL; LT. GEN. WARREN D. JOHNSON, USAF, DIRECTOR, DEFENSE NUCLEAR AGENCY; AND CLIFFORD R. OPPER, DIRECTOR, MANAGEMENT AND PLANS, DEFENSE INTELLIGENCE AGENCY Mr. FLIAKAS. Mr. Chairman and members of the committee, this program differs substantially from past years requests in that it reflects a 27-month authorization program rather than the normal 12month fiscal year. This is in response to the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93-344) which established new dates for the start and end of the fiscal year beginning with fiscal year 1977. As a result, the bill before the committee may be considered in two parts. The first part contained in titles I through VII addresses that authorization requested for fiscal year 1976, beginning July 1, 1975, and interim authorization required to continue essential activities of the program for the transition period from the end of fiscal year 1976 on June 30, 1976, through September 30, 1976. The second part in title VIII reflects aggregate authorizations for each Military Department and Defense Agency anticipated to be required for the fiscal year |