Union Calendar No. 285
103D CONGRESS
2D SESSION
H. R. 4453
[Report No. 103–516]
A BILL
Making appropriations for military construction for
the Department of Defense for the fiscal year
ending September 30, 1995, and for other pur-
poses.
MAY 19, 1994
Committed to the Committee of the Whole House on the
State of the Union, and ordered to be printed
IB
Union Calendar No. 285
103D CONGRESS
2D SESSION
H. R. 4453
[Report No. 103–516]
Making appropriations for military construction for the Department of De-
fense for the fiscal year ending September 30, 1995, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 19, 1994
Mr. HEFNER, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union, and ordered to be printed
A BILL
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,
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 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, $623,511,000, to re-
main available until September 30, 1999: Provided, That
of this amount, not to exceed $67,700,000 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, 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, $462,701,000, to remain available until September
30, 1999: Provided, That of this amount, not to exceed
$47,900,000 shall be available for study, planning, design,
architect and engineer services, as authorized by law, un-
less the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies
the Committees on Appropriations of both Houses of Con-
gress 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, $514,977,000, to remain
available until September 30, 1999: Provided, That of this
amount, not to exceed $55,900,000 shall be available for
study, planning, design, architect and engineer services,
as authorized by law, unless the Secretary of Defense de-
termines 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,
$467,169,000, 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 as he may
designate, to be merged with and to be available for the
same purposes, and for the same time period, as the ap-
propriation or fund to which transferred: Provided further,
That of the amount appropriated, not to exceed
$45,960,000 shall be available for study, planning, design,
architect and engineer services, as authorized by law, un-
less the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies
the Committees on Appropriations of both Houses of Con-
gress 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, $134,235,000, to remain available until Septem-
ber 30, 1999.
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
States Code, and military construction authorization Acts,
$209,843,000, to remain available until September 30,
1999.
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, $39,121,000, to remain available
until September 30, 1999.
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, $12,348,000, to remain available until Septem-
ber 30, 1999.
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 mili-
tary construction authorization Acts, $56,378,000, to re-
main available until September 30, 1999.
NORTH 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, $119,000,000, 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
maintenance, including debt payment, leasing, minor con-
struction, principal and interest charges, and insurance
premiums, as authorized by law, as follows: for Construc-
tion, $160,602,000, to remain available until September
30, 1999; for Operation and maintenance, and for debt
payment, $1,121,208,000; in all $1,281,810,000.
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, $269,035,000, to remain
available until September 30, 1999; for Operation and
maintenance, and for debt payment, $853,599,000; in all
$1,122,634,000.
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-
struction, principal and interest charges, and insurance
premiums, as authorized by law, as follows: for Construc-
tion, $276,482,000, to remain available until September
30, 1999; for Operation and maintenance, and for debt
payment, $801,345,000 of which not more than
$14,200,000 may be obligated for the acquisition of family
housing units at Comiso AB, Italy; in all $1,077,827,000.
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, $350,000, to remain available for obligation
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 Sep-
tember 30, 1995: Provided, That none of these funds
may be obligated for base realignment and closure activi-
ties 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 Re-
alignment and Closure Program to be exceeded: Provided
further, That not less than $66,800,000 of the funds ap-
propriated herein shall be available solely for environ-
mental 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.
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