H. R. 2446
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
Making appropriations for military construction for the Department of Defense
for the fiscal year ending September 30, 1994, 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, 1994, 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, $906,676,000, to remain
available until September 30, 1998: Provided, That of this amount,
not to exceed $109,441,000 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: Provided further, That of the funds appro-
priated for ‘‘Military Construction, Army’’ under Public Law 102–
136, $4,700,000 is hereby rescinded: Provided further, That of the
funds appropriated for ‘‘Military Construction, Army’’ under Public
Law 102–380, $9,200,000 is hereby rescinded.
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, $681,373,000, to remain available until September 30,
1998: Provided, That of this amount, not to exceed $64,373,000
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: Provided
H. R. 2446—2
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 ‘‘Military
Construction, Navy’’ under Public Law 101–519, $14,406,000 is
hereby rescinded: Provided further, That of the funds appropriated
for ‘‘Military Construction, Navy’’ under Public Law 102–136,
$62,899,000 is hereby rescinded: Provided further, That of the funds
appropriated for ‘‘Military Construction, Navy’’ under Public Law
102–380, $37,660,000 is hereby rescinded.
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, $1,021,567,000, to remain available until September 30,
1998: Provided, That of this amount, not to exceed $63,882,000
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: Provided
further, That of the funds appropriated for ‘‘Military Construction,
Air Force’’ under Public Law 101–148, $8,315,000 is hereby
rescinded: Provided further, That of the funds appropriated for
‘‘Military Construction, Air Force’’ under Public Law 101–519,
$6,550,000 is hereby rescinded: Provided further, That of the funds
appropriated for ‘‘Military Construction, Air Force’’ under Public
Law 102–136, $12,980,000 is hereby rescinded: Provided further,
That of the funds appropriated for ‘‘Military Construction, Air
Force’’ under Public Law 102–380, $2,250,000 is hereby rescinded.
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, $562,008,000, 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 the appropriation or fund to which transferred: Provided
further, That of the amount appropriated, not to exceed $44,405,000
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: Provided
further, That of the funds appropriated for ‘‘Military Construction,
Defense Agencies’’ under Public Law 102–136, $15,500,000 is hereby
rescinded.
H. R. 2446—3
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, $302,719,000, to remain available
until September 30, 1998.
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, $247,491,000, to remain available until
September 30, 1998.
MILITARY CONSTRUCTION, ARMY RESERVE
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,
$102,040,000, to remain available until September 30, 1998.
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, $25,029,000, to remain available
until September 30, 1998.
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,
$74,486,000, to remain available until September 30, 1998.
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, $140,000,000, 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
H. R. 2446—4
charges, and insurance premiums, as authorized by law, as follows:
for Construction, $228,885,000, to remain available until September
30, 1998; for Operation and maintenance, and for debt payment,
$1,069,601,000; in all $1,298,486,000.
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-
cipal and interest charges, and insurance premiums, as authorized
by law, as follows: for Construction, $370,208,000, to remain avail-
able until September 30, 1998; for Operation and maintenance,
and for debt payment, $772,055,000; in all $1,142,263,000: Provided,
That of the funds appropriated for ‘‘Family Housing, Navy and
Marine Corps’’ under Public Law 101–148, $14,100,000 is hereby
rescinded: Provided further, That of the funds appropriated for
‘‘Family Housing, Navy and Marine Corps’’ under Public Law 101–
519, $25,018,000 is hereby rescinded: Provided further, That of
the funds appropriated for ‘‘Family Housing, Navy and Marine
Corps’’ under Public Law 102–380, $1,253,000 is hereby rescinded.
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, $187,035,000, to remain available until September
30, 1998; for Operation and maintenance, and for debt payment,
$790,912,000; in all $977,947,000: Provided, That of the funds
appropriated for ‘‘Family Housing, Air Force’’ under Public Law
102–136, $6,400,000 is hereby rescinded: 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 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, $159,000, to remain available for obliga-
tion until September 30, 1998; for Operation and maintenance,
$26,337,000; in all $26,496,000.
HOMEOWNERS ASSISTANCE FUND, DEFENSE
For use in the Homeowners Assistance Fund established pursu-
ant to section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966, as amended (42 U.S.C. 3374),
$151,400,000, to remain available until expended.
H. R. 2446—5
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 Authoriza-
tion Amendments and Base Closure and Realignment Act (Public
Law 100–526), $12,830,000, 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.
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 (Public Law 101–510),
$1,526,310,000, to remain available until expended: Provided, That
not less than $262,300,000 of the funds appropriated 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),
$1,144,000,000, to remain available until expended: Provided, That
such funds will be available only to the extent an official budget
request is transmitted to the Congress: 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 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