IB
103D CONGRESS
1ST SESSION
H. R. 2446
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 30 (legislative day, SEPTEMBER 27), 1993
Ordered to be printed with the amendments of the Senate numbered
AN ACT
Making appropriations for military construction for the De-
partment of Defense for the fiscal year ending September
30, 1994, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1994, for military con-
struction functions administered by the Department of
Defense, and for other purposes, namely:
MILITARY CONSTRUCTION, ARMY
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the
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tion, Ω4æ$575,971,000 $580,033,000, to remain available
until September 30, 1998: Provided, That of this amount,
not to exceed Ω5æ$64,373,000 $59,373,000 shall be avail-
able for study, planning, design, architect and engineer
services, as authorized by law, unless the Secretary of De-
fense 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 thereforΩ6æ: Provided further, That of the
funds appropriated for ‘‘Military Construction, Navy’’
under Public Law 101–148, $7,662,000 is hereby rescinded:
Provided further, That of the funds appropriated for ‘‘Mili-
tary Construction, Navy’’ under Public Law 102–136,
$23,630,000 is hereby rescinded: Provided further, That of
the funds appropriated for ‘‘Military Construction, Navy’’
under Public Law 102–380, $37,660,000 is hereby re-
scinded.
MILITARY CONSTRUCTION, AIR FORCE
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military
installations, facilities, and real property for the Air Force
as currently authorized by law, Ω7æ$913,297,000
$963,726,000, to remain available until September 30,
1998: Provided, That of this amount, not to exceed
Ω8æ$63,882,000 $58,180,000 shall be available for study,
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planning, design, architect and engineer services, as au-
thorized by law, unless the Secretary of Defense deter-
mines 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 thereforΩ9æ: Provided further, That of the funds
appropriated for ‘‘Military Construction, Air Force’’ under
Public Law 102–136, $14,480,000 is hereby rescinded: Pro-
vided further, That of the funds appropriated for ‘‘Military
Construction, Air Force’’ under Public Law 102–380,
$2,230,000 is hereby rescinded.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, installa-
tions, facilities, and real property for activities and agen-
cies of the Department of Defense (other than the military
departments), 
as 
currently 
authorized 
by 
law,
Ω10æ$618,770,000 $524,165,000, to remain available until
September 30, 1998: Provided, That such amounts of this
appropriation as may be determined by the Secretary of
Defense may be transferred to such appropriations of the
Department of Defense available for military construction
as he may designate, to be merged with and to be available
for the same purposes, and for the same time period, as
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the appropriation or fund to which transferred: Provided
further, That of the amount appropriated, not to exceed
Ω11æ$42,405,000 $37,405,000 shall be available for study,
planning, design, architect and engineer services, as au-
thorized by law, unless the Secretary of Defense deter-
mines 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 thereforΩ12æ: Provided further, That of the funds
appropriated for ‘‘Military Construction, Defense Agencies’’
under Public Law 102–136, $15,500,000 is hereby re-
scinded.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army National Guard, and contribu-
tions therefor, as authorized by chapter 133 of title 10,
United States Code, and military construction authoriza-
tion Acts, Ω13æ$203,980,000 $291,250,000, to remain
available until September 30, 1998.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Air National Guard, and contributions
therefor, as authorized by chapter 133 of title 10, United
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States Code, and military construction authorization Acts,
Ω14æ$161,761,000 $254,923,000, to remain available until
September 30, 1998.
MILITARY CONSTRUCTION, ARMY RESERVE
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army Reserve as authorized by chapter
133 of title 10, United States Code, and military construc-
tion authorization Acts, Ω15æ$87,825,000 $124,794,000,
to remain available until September 30, 1998.
MILITARY CONSTRUCTION, NAVAL RESERVE
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the reserve components of the Navy and
Marine Corps as authorized by chapter 133 of title 10,
United States Code, and military construction authoriza-
tion Acts, Ω16æ$28,647,000 $25,013,000, to remain avail-
able until September 30, 1998.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Air Force Reserve as authorized by
chapter 133 of title 10, United States Code, and military
construction 
authorization 
Acts, 
Ω17æ$66,136,000
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$68,427,000, to remain available until September 30,
1998.
Ω18æNORTH ATLANTIC TREATY ORGANIZATION
INFRASTRUCTURE
For the United States share of the cost of North At-
lantic Treaty Organization Infrastructure programs for
the acquisition and construction of military facilities and
installations
(including
international
military
head-
quarters) and for related expenses for the collective de-
fense of the North Atlantic Treaty Area as authorized in
military construction Acts and section 2806 of title 10,
United States Code, $140,000,000, to remain available
until expended.
Ω19æOUTSIDE THE UNITED STATES
Notwithstanding any other provision of law, for mili-
tary construction and family housing construction outside
the United States for the Army, Navy, Air Force, and De-
fense Agencies and for the North Atlantic Treaty Organiza-
tion Infrastructure Programs, as currently authorized by
law, $300,000,000, to remain available until expended: Pro-
vided, That $120,000,000 of such amount shall not be avail-
able unless the Secretary of Defense certifies to Congress
that (1) the amount requested by the Department of Defense
for overseas basing activities (as that term is defined in
section 1301(b) of Public Law 102–484 (106 Stat. 2544))
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for each fiscal year after fiscal year 1994 is expected to be
significantly less than the amount requested for such activi-
ties for the previous fiscal year; (2) negotiations for revised
host-nation agreements as required under section 1301(e)
of Public Law 102–484 (106 Stat. 2545) have commenced;
(3) such negotiations will result in agreements that provide
in fiscal years after fiscal year 1993 for an assumption by
host-nations of greater costs of the United States military
installations covered by the agreements; and (4) progress
is being made in such negotiations to reduce the United
States share of the costs of all overseas basing activities:
Provided further, That such amounts of this appropriation
as are available and as may be determined by the Secretary
of Defense may be transferred to such appropriations of the
Department of Defense available for military construction
and family housing and the North Atlantic Treaty Organi-
zation Infrastructure account as he may designate, to be
merged with and to be available for the same purposes, and
for the same period, as the appropriation or fund to which
transferred.
FAMILY HOUSING, ARMY
For expenses of family housing for the Army for con-
struction, including acquisition, replacement, addition, ex-
pansion, extension and alteration and for operation and
maintenance, including debt payment, leasing, minor con-
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struction, principal and interest charges, and insurance
premiums, as authorized by law, as follows: for Construc-
tion, Ω20æ$218,785,000 $228,385,000, to remain available
until September 30, 1998; for Operation and maintenance,
and 
for 
debt 
payment, 
Ω21æ$1,067,922,000
$1,125,601,000; 
in 
all 
Ω22æ$1,286,707,000
$1,353,986,000.
FAMILY HOUSING, NAVY AND MARINE CORPS
For expenses of family housing for the Navy and Ma-
rine Corps for construction, including acquisition, replace-
ment, addition, expansion, extension and alteration and
for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest
charges, and insurance premiums, as authorized by law,
as 
follows: 
for 
Construction, 
Ω23æ$367,769,000
$354,738,000, to remain available until September 30,
1998; for Operation and maintenance, and for debt pay-
ment, 
Ω24æ$781,952,000
$835,055,000; 
in 
all
Ω25æ$1,149,721,000 $1,189,793,000Ω26æ: Provided, That
of the funds appropriated for ‘‘Family Housing, Navy and
Marine Corps’’ under Public Law 101–148, $25,018,000 is
hereby rescinded.
FAMILY HOUSING, AIR FORCE
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
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expansion, extension and alteration and for operation and
maintenance, including debt payment, leasing, minor con-
struction, principal and interest charges, and insurance
premiums, as authorized by law, as follows: for Construc-
tion, Ω27æ$192,197,000 $195,035,000, to remain available
until September 30, 1998; for Operation and maintenance,
and for debt payment, Ω28æ$805,847,000 $853,912,000;
in all Ω29æ$998,044,000 $1,048,947,000Ω30æ: Provided,
That of the funds appropriated for ‘‘Family Housing, Air
Force’’ under Public Law 102–136, $6,400,000 is hereby re-
scinded: Provided further, That of the funds appropriated
for ‘‘Family Housing, Air Force’’ under Public Law 102–
380, $48,702,000 is hereby rescinded.
FAMILY HOUSING, DEFENSE-WIDE
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for construction, including acquisi-
tion, replacement, addition, expansion, extension and al-
teration, and for operation and maintenance, leasing, and
minor construction, as authorized by law, as follows: for
Construction, $159,000, to remain available for obligation
until September 30, 1998; for Operation and maintenance,
Ω31æ$25,711,000 $27,337,000; in all Ω32æ$25,870,000
$27,496,000.
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HOMEOWNERS ASSISTANCE FUND, DEFENSE
For use in the Homeowners Assistance Fund estab-
lished pursuant to section 1013(d) of the Demonstration
Cities and Metropolitan Development Act of 1966, as
amended (42 U.S.C. 3374), $151,400,000Ω33æ, to remain
available until expended.
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART I
For deposit into the Department of Defense Base
Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and
Realignment 
Act 
(Public 
Law 
100–526),
Ω34æ$27,870,000 $12,830,000, to remain available for ob-
ligation until September 30, 1995: Provided, That none
of these funds may be obligated for base realignment and
closure activities under Public Law 100–526 which would
cause the Department’s $1,800,000,000 cost estimate for
military construction and family housing related to the
Base 
Realignment 
and 
Closure 
Program 
to 
be
exceededΩ35æ:–Provided
further,
That
not
less
than
$19,800,000 of the funds appropriated herein shall be
available solely for environmental restoration.
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II
For deposit into the Department of Defense Base
Closure Account 1990 established by section 2906(a)(1)
of the Department of Defense Authorization Act, 1991
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(Public 
Law 
101–510), 
Ω36æ$1,800,500,000
$1,526,310,000, to remain available until expended: Pro-
vided, That Ω37æsuch funds are available solely for the
approved 1991 base realignments and closures: Provided
further, That not less than $262,300,000 of the funds ap-
propriated herein shall be available solely for environ-
mental restoration.
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III
For deposit into the Department of Defense Base
Closure Account 1990 established by section 2906(a)(1)
of the Department of Defense Authorization Act, 1991
(Public 
Law 
101–510), 
Ω38æ$1,200,000,000
$1,197,000,000, to remain available until expended: Pro-
vided, That such funds will be available only to the extent
an official budget request is transmitted to the
CongressΩ39æ:–Provided further, That such funds are
available solely for the approved 1993 base realignments
and
closures: Provided further, That not less than
$300,000,000 of the funds appropriated herein shall be
available solely for environmental restoration.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in Military
Construction Appropriations Acts shall be expended for
payments under a cost-plus-a-fixed-fee contract for work,
where cost estimates exceed $25,000, to be performed
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within the United States, except Alaska, without the spe-
cific approval in writing of the Secretary of Defense set-
ting forth the reasons therefor.
SEC. 102. Funds appropriated to the Department of
Defense for construction shall be available for hire of pas-
senger motor vehicles.
SEC. 103. Funds appropriated to the Department of
Defense for construction may be used for advances to the
Federal Highway Administration, Department of Trans-
portation, for the construction of access roads as author-
ized 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. 104. 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 appropria-
tions have not been made.
SEC. 105. No part of the funds provided in Military
Construction Appropriations Acts shall be used for pur-
chase of land or land easements in excess of 100 per cen-
tum of the value as determined by the Army Corps of En-
gineers or the Naval Facilities Engineering Command, ex-
cept (a) where there is a determination of value by a Fed-
eral court, or (b) purchases negotiated by the Attorney
General or his designee, or (c) where the estimated value
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is less than $25,000, or (d) as otherwise determined by
the Secretary of Defense to be in the public interest.
SEC. 106. None of the funds appropriated in Military
Construction Appropriations Acts shall be used to (1) ac-
quire 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 Con-
struction Appropriations Acts.
SEC. 107. None of the funds appropriated in Military
Construction Appropriations Acts for minor construction
may be used to transfer or relocate any activity from one
base or installation to another, without prior notification
to the Committees on Appropriations.
SEC. 108. No part of the funds appropriated in Mili-
tary Construction Appropriations Acts may be used for
the procurement of steel for any construction project or
activity for which American steel producers, fabricators,
and manufacturers have been denied the opportunity to
compete for such steel procurement.
SEC. 109. None of the funds available to the Depart-
ment of Defense for military construction or family hous-
ing during the current fiscal year may be used to pay real
property taxes in any foreign nation.
SEC. 110. None of the funds appropriated in Military
Construction Appropriations Acts may be used to initiate
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a new installation overseas without prior notification to
the Committees on Appropriations.
SEC. 111. None of the funds appropriated in Military
Construction Appropriations Acts may be obligated for ar-
chitect and engineer contracts estimated by the Govern-
ment to exceed $500,000 for projects to be accomplished
in Japan or in any NATO member country, unless such
contracts are awarded to United States firms or United
States firms in joint venture with host nation firms.
SEC. 112. None of the funds appropriated in Military
Construction Appropriations Acts for military construc-
tion in the United States territories and possessions in the
Pacific and on Kwajalein Atoll may be used to award any
contract estimated by the Government to exceed
$1,000,000 to a foreign contractor: Provided, That this
section shall not be applicable to contract awards for
which the lowest responsive and responsible bid of a
United States contractor exceeds the lowest responsive
and responsible bid of a foreign contractor by greater than
20 per centum.
SEC. 113. The Secretary of Defense is to inform the
Committees on Appropriations and the Committees on
Armed Services of the plans and scope of any proposed
military exercise involving United States personnel thirty
days prior to its occurring, if amounts expended for con-
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struction, either temporary or permanent, are anticipated
to exceed $100,000.
(TRANSFER OF FUNDS)
SEC. 114. Unexpended balances in the Military Fam-
ily Housing Management Account established pursuant to
section 2831 of title 10, United States Code, as well as
any additional amounts which would otherwise be trans-
ferred to the Military Family Housing Management Ac-
count, shall be transferred to the appropriations for Fam-
ily Housing, as determined by the Secretary of Defense,
based on the sources from which the funds were derived,
and shall be available for the same purposes, and for the
same time period, as the appropriation to which they have
been transferred.
SEC. 115. Not more than 20 per centum of the appro-
priations in Military Construction Appropriations Acts
which are limited for obligation during the current fiscal
year shall be obligated during the last two months of the
fiscal year.
(TRANSFER OF FUNDS)
SEC. 116. Funds appropriated to the Department of
Defense for construction in prior years shall be available
for construction authorized for each such military depart-
ment by the authorizations enacted into law during the
current session of Congress.