IB
103D CONGRESS
2D SESSION
H. R. 4453
IN THE HOUSE OF REPRESENTATIVES
JULY 15, 1994
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, 1995, 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, 1995, 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
Army Corps of Engineers and other personal services nec-
essary for the purposes of this appropriation, and for con-
struction and operation of facilities in support of the func-
tions of the Commander in Chief, Ω1æ$623,511,000
$489,076,000, to remain available until September 30,
1999: Provided, That of this amount, not to exceed
Ω2æ$67,700,000 $62,926,000 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 therefor.
MILITARY CONSTRUCTION, NAVY
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, naval in-
stallations, facilities, and real property for the Navy as
currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other per-
sonal services necessary for the purposes of this appropria-
tion, Ω3æ$462,701,000 $340,455,000, to remain available
until September 30, 1999: Provided, That of this amount,
not to exceed Ω4æ$47,900,000 $43,380,000 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 therefor.
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, Ω5æ$514,977,000
$525,863,000, to remain available until September 30,
1999: Provided, That of this amount, not to exceed
Ω6æ$55,900,000 $53,886,000 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 therefor.
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,
Ω7æ$467,169,000 $561,039,000, 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
Ω8æor 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 Ω9æ$45,960,000 $51,960,000
shall be available for study, planning, design, architect and
engineer services, as authorized by law, unless the Sec-
retary of Defense determines that additional obligations
are necessary for such purposes and notifies the Commit-
tees on Appropriations of both Houses of Congress of his
determination and the reasons therefor.
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, Ω10æ$134,235,000 $170,479,000, to remain
available until September 30, 1999.
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.
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 avail-
able 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
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
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
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
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-
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.
SEC. 117. For military construction or family housing
projects that are being completed with funds otherwise ex-
pired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision, inspec-
tion, 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 fiscal year after
the fiscal year for which funds for such project were ap-
propriated 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 appro-
priations available to the Department of Defense for mili-
tary construction and family housing operation and main-
tenance and construction have expired for obligation, upon
a determination that such appropriations will not be nec-
essary for the liquidation of obligations or for making au-
thorized adjustments to such appropriations for obliga-
tions incurred during the period of availability of such ap-
propriations, unobligated balances of such appropriations
may be transferred into the appropriation ‘‘Foreign Cur-
rency Fluctuations, Construction, Defense’’ to be merged
with and to be available for the same time period and for
the same purposes as the appropriation to which trans-
ferred.
SEC. 120. The Secretary of Defense is to provide the
Committees on Appropriations of the Senate and the