IB
104TH CONGRESS
1ST SESSION
H. R. 1817
IN THE HOUSE OF REPRESENTATIVES
JULY 21, 1995
Ordered to be printed with the amendments of the Senate numbered
AN ACT
Making appropriations for military construction, family hous-
ing, and base realignment and closure for the Depart-
ment of Defense for the fiscal year ending September
30, 1996, 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, 1996, for military con-
struction, family housing, and base realignment and clo-
sure functions administered by the Department of De-
fense, and for other purposes, namely:
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MILITARY CONSTRUCTION, ARMY
Ω1æ(INCLUDING RESCISSIONS)
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
construction and operation of facilities in support of the
functions of the Commander in Chief, Ω2æ$611,608,000
$496,664,000, to remain available until September 30,
2000: Provided, That of this amount, not to exceed
Ω3æ$50,778,000 $44,034,000 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 thereforΩ4æ: Provided further, That of the funds
appropriated for ‘‘Military Construction, Army’’ under
Public Law 102–143, $6,245,000 is hereby rescinded.
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
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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, Ω5æ$588,243,000 $542,186,000, to remain available
until September 30, 2000: Provided, That of this amount,
not to exceed Ω6æ$66,184,000 $49,477,000 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
Ω7æ(INCLUDING RESCISSIONS)
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, Ω8æ$578,841,000
$532,616,000, to remain available until September 30,
2000: Provided, That of this amount, not to exceed
Ω9æ$49,021,000 $23,894,000 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
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of both Houses of Congress of his determination and the
reasons thereforΩ10æ: Provided further, That of the funds
appropriated for ‘‘Military Construction, Air Force’’ under
Public Law 102–136, $2,765,000 is hereby rescindedΩ11æ:
Provided further, That of the funds appropriated for ‘‘Mili-
tary Construction, Air Force’’ under Public Law 102–368,
$13,240,000 is hereby rescinded.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS Ω12æAND RESCISSIONS)
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,
Ω13æ$728,332,000 $818,078,000, to remain available until
September 30, 2000: 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 appro-
priated, not to exceed Ω14æ$68,837,000 $83,992,000 shall
be available for study, planning, design, architect and en-
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gineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are nec-
essary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of his deter-
mination and the reasons thereforΩ15æ: Provided further,
That of the funds appropriated for ‘‘Military Construction,
Defense-wide’’ under Public Law 101–519, $3,234,000 is
hereby rescindedΩ16æ: Provided further, That of the funds
appropriated for ‘‘Military Construction, Defense-wide’’
under Public Law 102–136, $6,800,000 is hereby re-
scindedΩ17æ: Provided further, That of the funds appro-
priated for ‘‘Military Construction, Defense-wide’’ under
Public Law 102–380, $8,590,000 is hereby rescindedΩ18æ:
Provided further, That of the funds appropriated for ‘‘Mili-
tary Construction, Defense-wide’’ under Public Law 103–
110, $8,131,000 is hereby rescinded.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
Ω19æ(INCLUDING RESCISSIONS)
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, Ω20æ$72,537,000 $93,121,000, to remain avail-
able until September 30, 2000.
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tion Acts, Ω24æ$19,655,000 $7,920,000, to remain avail-
able until September 30, 2000.
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, 
Ω25æ$31,502,000
$32,297,000, to remain available until September 30,
2000.
NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Pro-
gram for the acquisition and construction of military fa-
cilities and installations (including international military
headquarters) and for related expenses for the collective
defense of the North Atlantic Treaty Area as authorized
in military construction authorization Acts and section
2806 of title 10, United States Code, $161,000,000, to
remain available until expended.
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
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maintenance, including debt payment, leasing, minor con-
struction, principal and interest charges, and insurance
premiums, as authorized by law, as follows: for Construc-
tion, Ω26æ$126,400,000 $71,752,000, to remain available
until September 30, 2000; for Operation and maintenance,
and 
for 
debt 
payment, 
Ω27æ$1,337,596,000
$1,339,196,000; 
in 
all 
Ω28æ$1,463,996,000
$1,410,948,000.
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, 
Ω29æ$531,289,000
$504,467,000, to remain available until September 30,
2000; for Operation and maintenance, and for debt pay-
ment, 
Ω30æ$1,048,329,000
$1,051,929,000; 
in 
all
Ω31æ$1,579,618,000 $1,556,396,000.
FAMILY HOUSING, AIR FORCE
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, 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, Ω32æ$294,503,000 $261,137,000, to remain available
until September 30, 2000; for Operation and maintenance,
and for debt payment, Ω33æ$863,213,000 $850,059,000;
in all Ω34æ$1,150,730,000 $1,111,196,000.
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 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, $3,772,000, to remain available for obliga-
tion until September 30, 2000; for Operation and mainte-
nance, 
Ω35æ$30,467,000
$42,367,000; 
in 
all
Ω36æ$34,239,000 $46,139,000.
DEPARTMENT OF DEFENSE FAMILY HOUSING
IMPROVEMENT FUND
(INCLUDING TRANSFER OF FUNDS)
For the Department of Defense Family Housing Im-
provement Fund, $22,000,000, to remain available until
Ω37æexpended September 30, 2000: Provided, That, sub-
ject to thirty days prior notification to the Committees on
Appropriations, such additional amounts as may be deter-
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mined by the Secretary of Defense may be transferred to
this Fund from amounts appropriated in this Act for Con-
struction in ‘‘Family Housing’’ accounts, to be merged
with and to be available for the same purposes and for
the same period of time as amounts appropriated directly
to that Fund: Provided further, That appropriations made
available to the Fund in this Act shall be available to cover
the costs, as defined in section 502(5) of the Congres-
sional Budget Act of 1974, of direct loans or loan guaran-
tees issued by the Department of Defense pursuant to the
provisions of, and amendments made by, the National De-
fense Authorization Act for fiscal year 1996 pertaining to
alternative means of acquiring and improving military
family housing and supporting facilities.
HOMEOWNERS ASSISTANCE FUND, DEFENSE
For use in the Homeowners Assistance Fund estab-
lished by section 1013(d) of the Demonstration Cities and
Metropolitan Development Act of 1966, as amended (42
U.S.C. 3374), $75,586,000, to remain available until
expended.
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), $964,843,000, to remain available
until 
expended: 
Provided, 
That 
not 
more 
than
Ω38æ$224,800,000 $325,800,000 of the funds appro-
priated herein shall be available solely for environmental
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), $2,148,480,000, to remain avail-
able until expended: Provided, That not more than
Ω39æ$232,300,000 $236,700,000 of the funds appro-
priated herein shall be available solely for environmental
restoration.
BASE REALIGNMENT AND CLOSURE ACCOUNT,
PART IV
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), $784,569,000, to remain available
until expended: Provided, That such funds will be available
for construction only to the extent detailed budget jus-
tification is transmitted to the Committees on Appropria-
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tions: Provided further, That such funds are available sole-
ly for the approved 1995 base realignments and closures.
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: Provided, That the fore-
going shall not apply in the case of contracts for environ-
mental restoration at an installation that is being closed
or realigned where payments are made from a Base Re-
alignment and Closure Account.
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.
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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.
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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, in any NATO member country, or in
Ω40æcountries bordering the Arabian Gulf, 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
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Pacific and on Kwajalein Atoll, or in Ω41æcountries border-
ing the Arabian Gulf, 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 re-
sponsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a for-
eign contractor by greater than 20 per centum.
SEC. 113. The Secretary of Defense is to inform the
appropriate Committees of Congress, including the Com-
mittees on Appropriations, of the plans and scope of any
proposed military exercise involving United States person-
nel thirty days prior to its occurring, if amounts expended
for construction, either temporary or permanent, are an-
ticipated to exceed $100,000.
SEC. 114. 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. 115. 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.
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SEC. 116. 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. 117. 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. 118. 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-
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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. 119. The Secretary of Defense is to provide the
Committees on Appropriations of the Senate and the
House of Representatives with an annual report by Feb-
ruary 15, containing details of the specific actions pro-
posed to be taken by the Department of Defense during
the current fiscal year to encourage other member nations
of the North Atlantic Treaty Organization, Japan, Korea,
and United States allies Ω42æin bordering the Arabian
Gulf to assume a greater share of the common defense
burden of such nations and the United States.
(TRANSFER OF FUNDS)
SEC. 120. During the current fiscal year, in addition
to any other transfer authority available to the Depart-
ment of Defense, proceeds deposited to 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)
pursuant to section 207(a)(2)(C) of such Act, may be
transferred to the account established by section
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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.
Ω43æSEC. 121. No funds appropriated pursuant to
this Act may be expended by an entity unless the entity
agrees that in expending the assistance 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’’).
Ω44æSEC. 122. (a) In the case of any equipment or
products that may be authorized to be purchased with fi-
nancial assistance provided under this Act, it is the sense
of the Congress that entities receiving such assistance
should, in expending the assistance, purchase only Amer-
ican-made equipment and products.
(b) In providing financial assistance under this Act,
the Secretary of the Treasury shall provide to each recipi-
ent of the assistance a notice describing the statement
made in subsection (a) by the Congress.
Ω45æ(TRANSFER OF FUNDS)
Ω46æSEC. 123. During the current fiscal year, in ad-
dition to any other transfer authority available to the De-
partment of Defense, amounts may be transferred among
the Fund established by section 1013(d) of the Dem-
onstration Cities and Metropolitan Development Act of