H. R. 4453
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
Making appropriations for military construction for the Department of Defense
for the fiscal year ending September 30, 1995, and for other purposes.
Be it enacted by the Senate and House of Representatives 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, 1995, for military construction functions administered by the
Department of Defense, and for other purposes, namely:
MILITARY CONSTRUCTION, ARMY
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facili-
ties, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation,
and for construction and operation of facilities in support of the
functions of the Commander in Chief, $550,476,000, to remain
available until September 30, 1999: Provided, That of this amount,
not to exceed $66,126,000 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 purposes and notifies the Committees on
Appropriations of both Houses of Congress of his determination
and the reasons therefor.
MILITARY CONSTRUCTION, NAVY
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy as currently authorized by law,
including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this appro-
priation, $385,110,000, to remain available until September 30,
1999: Provided, That of this amount, not to exceed $43,380,000
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.
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MILITARY CONSTRUCTION, AIR FORCE
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facili-
ties, and real property for the Air Force as currently authorized
by law, $516,813,000, to remain available until September 30, 1999:
Provided, That of this amount, not to exceed $49,386,000 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.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of
Defense (other than the military departments), as currently author-
ized by law, $504,118,000, to remain available until September
30, 1999: 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 or family housing as he may designate, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to which
transferred: Provided further, That of the amount appropriated,
not to exceed $51,960,000 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 purposes and notifies the Committees on
Appropriations of both Houses of Congress of his determination
and the reasons therefor.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized
by chapter 133 of title 10, United States Code, and military
construction authorization Acts, $188,062,000, to remain available
until September 30, 1999.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion 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, and military construc-
tion authorization Acts, $249,056,000, to remain available until
September 30, 1999.
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MILITARY CONSTRUCTION, ARMY RESERVE
(TRANSFER OF FUNDS)
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 133 of title 10, United
States 
Code, 
and 
military 
construction 
authorization 
Acts,
$57,370,000, to remain available until September 30, 1999: Pro-
vided, That of the funds appropriated for ‘‘Military Construction,
Army Reserve, 1992/1996’’, $1,500,000 shall be transferred to ‘‘Mili-
tary Construction, Army National Guard, 1992/1996’’ for the same
purposes as the appropriation to which transferred.
MILITARY CONSTRUCTION, NAVAL RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion 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, and military
construction authorization Acts, $22,748,000, to remain available
until September 30, 1999.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air Force Reserve as authorized by chapter 133 of title 10, United
States 
Code, 
and 
military 
construction 
authorization 
Acts,
$57,066,000, to remain available until September 30, 1999.
NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
For the United States share of the cost of North Atlantic
Treaty Organization Infrastructure programs for the acquisition
and construction of military facilities and installations (including
international military headquarters) and for related expenses for
the collective defense of the North Atlantic Treaty Area as author-
ized in military construction Acts and section 2806 of title 10,
United States Code, $119,000,000, to remain available until
expended.
FAMILY HOUSING, ARMY
For expenses of family housing for the Army for construction,
including acquisition, replacement, 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, $170,002,000, to remain available until September
30, 1999; for Operation and maintenance, and for debt payment,
$1,013,708,000; in all $1,183,710,000.
FAMILY HOUSING, NAVY AND MARINE CORPS
For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
expansion, extension and alteration and for operation and mainte-
nance, including debt payment, leasing, minor construction, prin-
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cipal and interest charges, and insurance premiums, as authorized
by law, as follows: for Construction, $267,465,000, to remain avail-
able until September 30, 1999; for Operation and maintenance,
and for debt payment, $937,599,000; in all $1,205,064,000.
FAMILY HOUSING, AIR FORCE
For expenses of family housing for the Air Force for construc-
tion, including acquisition, replacement, addition, expansion, exten-
sion 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, $277,444,000, to remain available until September
30, 1999; for Operation and maintenance, and for debt payment,
$824,845,000 of which not more than $14,200,000 may be obligated
for the acquisition of family housing units at Comiso AB, Italy;
in all $1,102,289,000.
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 acquisition, replacement, addition,
expansion, extension and alteration, and for operation and mainte-
nance, leasing, and minor construction, as authorized by law, as
follows: for Construction, $350,000, to remain available for obliga-
tion until September 30, 1999; for Operation and maintenance,
$29,031,000; in all $29,381,000.
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), $87,600,000, to remain available for obligation 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 exceeded:
Provided further, That not less than $66,800,000 of the funds
appropriated herein shall be available solely for environmental
restoration.
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II
(INCLUDING TRANSFER OF FUNDS)
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),
$265,700,000, to remain available until expended: Provided, That
not less than $138,700,000 of the funds appropriated herein shall
be available solely for environmental restoration: Provided further,
That, in addition, not to exceed $133,000,000 may be transferred
from ‘‘Homeowners Assistance Fund, Defense’’ to ‘‘Base Realignment
and Closure Account, Part II’’, to be merged with, and to be available
for the same purposes and the same time period as that account.
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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),
$2,322,858,000, to remain available until expended: Provided, That
not less than $302,700,000 of the funds appropriated herein shall
be available solely for environmental restoration.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in Military Construc-
tion 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 within the United States, except Alaska,
without the specific approval in writing of the Secretary of Defense
setting forth the reasons therefor.
SEC. 102. Funds appropriated to the Department of Defense
for construction shall be available for hire of passenger 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 Transportation, for the construction
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. 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 appropriations have not been made.
SEC. 105. No part of the funds provided in Military Construction
Appropriations Acts shall be used for purchase of land or land
easements in excess of 100 per centum of the value as determined
by the Army 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. 106. None of the funds appropriated in Military Construc-
tion Appropriations Acts shall be used 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 Appropriations Acts.
SEC. 107. None of the funds appropriated in Military Construc-
tion 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 Appropria-
tions.
SEC. 108. No part of the funds appropriated in Military
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 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.
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SEC. 110. None of the funds appropriated in Military Construc-
tion Appropriations Acts may be used to initiate a new instal-
lation overseas without prior notification to the Committees on
Appropriations.
SEC. 111. None of the funds appropriated in Military Construc-
tion Appropriations Acts may be obligated for architect and engineer
contracts estimated by the Government 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 Construc-
tion Appropriations Acts for military construction in the United
States territories and possessions in the Pacific and on Kwajalein
Atoll may be used to award any contract estimated by the Govern-
ment 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 contrac-
tor 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 construction, either temporary or permanent, are
anticipated to exceed $100,000.
(TRANSFER OF FUNDS)
SEC. 114. Unexpended balances in the Military Family Housing
Management Account established pursuant to section 2831 of title
10, United States Code, as well as any additional amounts which
would otherwise be transferred to the Military Family Housing
Management Account, shall be transferred to the appropriations
for Family 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 appropriations
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 department by the authorizations
enacted into law during the current session of Congress.
SEC. 117. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed
for obligation, expired or lapsed funds may be used to pay the
cost of associated supervision, inspection, overhead, engineering
and design on those projects and on subsequent claims, if any.
SEC. 118. 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 contract, at any time before the end of the fourth
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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.
(TRANSFER OF FUNDS)
SEC. 119. During the five-year period after appropriations avail-
able to the Department of Defense for military construction and
family housing operation and maintenance and construction have
expired for obligation, upon a determination that such appropria-
tions will not be necessary for the liquidation of obligations or
for making authorized adjustments to such appropriations for
obligations incurred during the period of availability of such appro-
priations, unobligated balances of such appropriations may be trans-
ferred into the appropriation ‘‘Foreign Currency Fluctuations,
Construction, Defense’’ to be merged with and to be available for
the same time period and for the same purposes as the appropria-
tion to which transferred.
SEC. 120. The Secretary of Defense is to provide the Committees
on Appropriations of the Senate and the House of Representatives
with an annual report by February 15, containing details of the
specific actions proposed to be taken by the Department of Defense
during the current fiscal year to encourage other member nations
of the North Atlantic Treaty Organization and Japan and Korea
to assume a greater share of the common defense burden of such
nations and the United States.
(TRANSFER OF FUNDS)
SEC. 121. During the current fiscal year, in addition to any
other transfer authority available to the Department of Defense,
proceeds deposited to the Department of Defense Base Closure
Account established by section 207(a)(1) of the Defense Authoriza-
tion Amendments and Base Closure and Realignment Act (Public
Law 100–526) pursuant to section 207(a)(2)(C) of such Act, may
be transferred to the account established by section 2906(a)(1) of
the Department of Defense Authorization Act, 1991, to be merged
with, and to be available for the same purposes and the same
time period as that account.
SEC. 122. The second paragraph under the heading, ‘‘Family
Housing, Navy and Marine Corps’’ in title XI of Public Law 102–
368, is amended by inserting ‘‘and the August 8, 1993 earthquake
in Guam’’ immediately after ‘‘Typhoon Omar’’.
SEC. 123. (a) Of the budgetary resources available to the
Department of Defense for military construction and family housing
accounts during fiscal year 1995, $10,421,000 are permanently can-
celed.
(b) The Secretary of Defense shall allocate the amount of budg-
etary resources canceled among the Department’s military construc-
tion and family housing accounts available for procurement and
procurement-related expenses. Amounts available for procurement
and procurement-related expenses in each such account shall be
reduced by the amount allocated to such account.
(c) For the purposes of this section, the definition of ‘‘procure-
ment’’ includes all stages of the process of acquiring property or
H. R. 4453—8
services, beginning with the process of determining a need for
a product or services and ending with contract completion and
closeout, as specified in 41 U.S.C. 403(2).
SEC. 124. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending the assist-
ance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 10a–10c, popularly known as the
‘‘Buy American Act’’).
SEC. 125. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PROD-
UCTS.—In the case of any equipment or products that may be
authorized to be purchased with financial assistance provided under
this Act, it is the sense of the Congress that entities receiving
such assistance should, in expending the assistance, purchase only
American-made equipment and products.
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing finan-
cial assistance under this Act, the Secretary of the Treasury shall
provide to each recipient of the assistance a notice describing the
statement made in subsection (a) by the Congress.
SEC. 126. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court or Federal agency
that any person intentionally affixed a fraudulent label bearing
a ‘‘Made in America’’ inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States
that was not made in the United States, such person shall be
ineligible to receive any contract or subcontract made with funds
provided pursuant to this Act, pursuant to the debarment, suspen-
sion, and ineligibility procedures described in section 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 127. LAND CONVEYANCE, NAVAL RESERVE CENTER, SEATTLE,
WASHINGTON.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey to the City of Seattle, Washington (in this section referred
to as the ‘‘City’’), all right, title, and interest of the United States
in and to a parcel of real property, together with improvements
thereon, consisting of approximately 5.09 acres, the location of
the Naval Reserve Center, Seattle, Washington.
(b) CONSIDERATION.—(1) As consideration for the conveyance
under subsection (a), the City shall pay to the United States an
amount equal to the fair market value (as determined by the
Secretary) of the portion of the real property to be conveyed under
subsection (a) that is described in paragraph (2).
(2) Paragraph (1) applies to the portion of the parcel of real
property referred to in subsection (a) that consists of approximately
3.67 acres and was acquired by the United States from a party
other than the City.
(c) CONDITION.—The conveyance authorized by subsection (a)
shall be subject to the condition that the City accept the real
property in its condition at the time of conveyance.
(d) REQUIREMENTS RELATING TO CONVEYANCE.—(1) The Sec-
retary may not make the conveyance authorized by subsection
(a) until the commencement of the use by the Navy of a Naval
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Reserve Center that is a suitable replacement for the Naval Reserve
Center located on the property to be conveyed.
(2) The Secretary may not commence construction of a facility
to be the replacement facility under paragraph (1) for the Naval
Reserve Center until the Secretary completes an environmental
impact statement with respect to the construction and operation
of the facility to be the replacement facility.
(e) PAYMENT FOR COMMERCIAL USE.—If at any time after the
conveyance under this section the City ceases utilizing the real
property conveyed under subsection (a) for public purposes, and
uses such real property instead for commercial purposes, the City
shall pay to the United States an amount equal to the excess,
if any, of—
(1) an amount equal to the fair market value (as determined
by the Secretary) of the real property referred to in subsection
(b)(2), and any improvements thereon, at the time the City
ceases utilizing the real property for public purposes, over
(2) the amount determined by the Secretary under sub-
section (b)(1).
(f) USE OF PROCEEDS.—Proceeds from the sale shall be depos-
ited in the Treasury of the United States.
(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under this section shall
be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the City.
(h) ADDITIONAL TERMS AND CONDITIONS.—(1) The Navy may
scope more than one site.
(2) The Secretary may require such additional terms and condi-
tions in connection with the conveyance under this section as the
Secretary considers appropriate to protect the interests of the
United States.
SEC. 128. LAND 
TRANSFER, 
WOODBRIDGE 
RESEARCH 
FACILITY,
VIRGINIA.
(a) REQUIREMENT OF TRANSFER.—Notwithstanding any other
provision of law, the Secretary of the Army shall transfer, without
reimbursement, to the Department of the Interior, a parcel of real
estate consisting of approximately 580 acres and comprising the
Army Research Laboratory Woodbridge Facility, Virginia, together
with any improvements thereon.
(b) USE
OF TRANSFERRED PROPERTY.—The Secretary of the
Interior shall use appropriate parts of this real property for (1)
incorporation into the Mason Neck Wildlife Refuge and (2) work
with the local government and the Woodbridge Reuse Committee
to plan any additional usage of the property, including an environ-
mental education center: Provided, That the Secretary of the
Interior provide appropriate public access to the property.
H. R. 4453—10
This Act may be cited as the ‘‘Military Construction
Approprations Act, 1995’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.