An Act making appropriations for military construction for the Department of Defense for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes.
PL 94-138 (H.R.10029), enacted 11/28/1975

PUBLIC LAW 94-138—NOV. 28, 1975 
89 STAT. 745 
Public Law 94-
94th Congress 
138 
An Act 
Making appropriations for military construction for the Department of Defense 
for the fiscal year ending June 30, 1976, and the period ending September 30, 
1976, and for other purposes. 
Be it enacted hy 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 other-
wise appropriated, for the fiscal year ending June 30, 1976, and the 
period ending September 30, 1976, 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 tem-
porary or permanent public works, military installations, and facilities 
for the Army as currently authorized in military public works or 
military construction Acts, and in sections 2673 and 2675 of title 10, 
United States Code, $790,025,000, to remain available until expended. 
For "Military construction, Army" for the period July 1, 1976, 
through September 30, 1976, $37,100,000, to remain available until 
expended. 
MILITARY CONSTRUCTION, NAVY 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, naval installations, and facilities 
for the Navy as currently authorized in military public works or mili-
tary construction Acts, and in sections 2673 and 2675 of title 10, United 
States Code, including personnel in the Naval Facilities Engineering 
Command and other personal services necessary for the purposes of 
this appropriation, $770,018,000, to remain available until expended. 
For "Military construction, Navy" for the period July 1, 1976, 
through September 30, 1976, $17,200,000, to remain available until 
expended. 
MILITARY CONSTRUCTION, AIR FORCE 
For acquisition, construction, installation, and equipment of tempo-
rary or permanent public works, military installations, and facilities 
for the Air Force as currently authorized in military public works or 
military construction Acts, and in sections 2673 and 2675 of title 10, 
United States Code, $550,644,000, to remain available until expended. 
For "Military construction, Air Force" for the period July 1,1976, 
through September 30, 1976, $14,000,000, to remain available until 
expended. 
MILITARY CONSTRUCTION, DEFENSE AGENCIES 
For acquisition, construction, installation, and equipment of tempo-
rary or permanent public works, installations, and facilities for activi-
ties and agencies of the Department of Defense (other than the mili-
tary departments and the Defense Civil Preparedness Agency), as 
currently authorized in military public works or military construc-
tion Acts, and in sections 2673 and 2675 of title 10, United States Code, 
$19,300,000, to remain available until expended; and, in addition, 
Nov. 28, 1975 
[H.R. 10029] 
Military 
Construction 
Appropriation 
Act, 1976. 
89 STAT. 746 
PUBLIC LAW 94-138—NOV. 28, 1975 
not to exceed $20,000,000 to be derived by transfer from the appropria-
tion "Research, development, test, and evaluation, Defense Agencies" 
as determined by the Secretary of Defense: Provided^ 
That such 
amounts of this appropriation as may be determined by the Secretary 
of Defense may be transferred to such appropriations of the Depart-
ment of Defense available for military construction as he may 
designate. 
For "Military construction. Defense agencies" for the period July 1, 
1976, through September 30, 1976, $1,000,000, to remain available 
until expended. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and conver-
sion of facilities for the training and administration of the Army 
National Guard as authorized by chapter 133 of title 10, United States 
10 use 2231 
Code, as amended, and the Reserve Forces Facilities Acts, $62,700,000, 
^
^ *^9'- 
to remain available until expended. 
For "Military construction. Army National Guard" for the period 
July 1, 1976, through September 30, 1976, $1,500,000, to remain 
available until expended. 
MILITARY CONSTRUCTION, A I R NATIONAL 
GUARD 
For construction, acquisition, expansion, rehabilitation, and con-
version 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, as amended, and the Reserve Forces 
Facilities Acts, $63,000,000, to remain available until expended. 
For "Military construction. Air National Guard" for the period 
July 1, 1976, through September 30,1976, $1,000,000, to remain avail-
able until expended. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Army 
Reserve as authorized by chapter 133 of title 10, United States 
Code, as amended, and the Reserve Forces Facilities Acts, $50,300,000, 
to remain available until expended. 
For "Military construction. Army Reserve" for the period July 1, 
1976, through September 30,1976, $2,500,000, to remain available until 
expended. 
MILITARY CONSTRUCTION, NAVAL RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version 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, as amended, and the Reserve 
Forces Facilities Acts, $36,400,000, to remain available until expended. 
For "Military construction. Naval Reserve" for the period July 1, 
1976, through September 30, 1976, $400,000, to remain available until 
expended. 
PUBLIC LAW 94-138—NOV. 28, 1975 
89 STAT. 747 
MILITARY CONSTRUCTION, AIR FORCE EESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 133 of title 10, United States 
Code, as amended, and the Reserve Forces Facilities Acts, $18,000,000, 
to remain available until expended. 
For "Military construction. Air Force Reserve" for the period 
July 1, 1976, through September 30, 1976, $1,000,000, to remain avail-
able until expended. 
FAMILY HOUSING, DEFENSE 
For expenses of family housing for the Army, Navy, Marine Corps, 
Air Force, and Defense agencies, for construction, including acquisi-
tion, replacement, addition, expansion, extension and alteration and 
for operation, maintenance, and debt payment, including leasing, 
minor construction, principal and interest charges, and insurance 
premiums, as authorized by law, $1,332,244,000, to be obligated and 
expended in the Family Housing Management Account established 
pursuant to section 501(a) of Public Law 87-554, in not to exceed 42 USC ISQ^ita-l. 
the following amounts: 
For the Army: 
Construction, $95,700,000; 
For the Navy and Marine Corps: 
Construction, $61,060,000; 
For the Air Force: 
Construction, $49,400,000; 
For Defense agencies: 
Construction, $147,000; 
For Department of Defense: 
Debt payment, $154,503,000; 
Operation, maintenance, $971,434,000: 
Provided^ That the amounts provided under this head for construction 
and for debt payment shall remain available until expended. 
For "Family housing. Defense" for the period July 1,1976, through 
September 30, 1976, $310,639,000, to be obligated and expended in the 
Family Housing Management Account established pursuant to sec-
tion 501(a) of Public Law 87-554, in not to exceed the following 
amounts: 
For the Army: 
Construction, $800,000; 
For the Navy and Marine Corps: 
Construction, $470,000; 
For the Air Force: 
Construction, $630,000; 
For Department of Defense: 
Debt payment, $40,339,000; 
Operation, maintenance, $268,400,000: 
Provided^ That the amounts provided under this head for construction 
and for debt payment shall remain available until expended. 
89 STAT. 748 
PUBLIC LAW 94-138—NOV. 28, 1975 
Prior 
appropriations. 
Contracts. 
Construction 
costs, expedition. 
Service facilities. 
Motor vehicles, 
hire. 
31 use 638f. 
Access roads, 
construction. 
31 use 700b. 
New bases. 
Land purchases 
or easements. 
Foreign 
contracts. 
GENERAL PROVISIONS 
SEC. 101. Funds appropriated to the Department of Defense for 
construction in prior years are hereby made available for contraction 
authorized for each such department by the authorizations enacted 
into law during the first session of the Ninety-fourth Congress. 
SEC. 102. None of the funds appropriated in this Act 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. 103. None of the funds appropriated in this Act shall be 
expended for additional costs involved in expediting construction 
unless the Secretary of Defense certifies such costs to be necessary to 
protect the national interest and establishes a reasonable completion 
date for each project, taking into consideration the urgency of the 
requirement, the type and location of the project, the climatic and 
seasonal conditions affecting the construction, and the application of 
economical construction practices. 
SEC. 104. None of the funds appropriated in this Act shall be used 
for the construction, replacement, or reactivation of any bakery, 
laundry, or drycleaning facility in the United States, its territories, 
or possessions, as to which the Secretary of Defense does not certify, 
in writing, giving his reasons therefor, that the services to be furnished 
by such facilities are not obtainable from commercial sources at 
reasonable rates. 
SEC. 105. Funds herein appropriated to the Department of Defense 
for construction shall be available for hire of passenger motor vehicles. 
SEC. 106. 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. 107. 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. 108. No part of the funds provided in this Act shall be used for 
purchase of land or land easements in excess of 100 per centum of the 
value as determined by the 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. 109. None of the funds appropriated in this Act may be used 
to make payments under contracts for any project in a foreign country 
unless the Secretary of Defense or his designee, after consultation with 
the Secretary of the Treasury or his designee, certifies to the Congress 
that the use, by purchase from the Treasury, of currencies of such 
country acquired pursuant to law is not feasible for the purpose, 
stating the reason therefor. 
PUBLIC LAW 94-138—NOV. 28, 1975 
89 STAT. 749 
SEC. 110. None of the funds appropriated in this Act shall be used Family housing 
to (1) acquire land, (2) provide for site preparation, or (3) install limitations, 
utilities for any family housing, except housing for which funds have 
been made available in annual military construction appropriation 
Acts. 
SEC. 111. Funds made available for the period July 1,1976, through 
September 30,1976, shall be available for the same purpose as the cor-
responding appropriation for fiscal year 1976. 
SEC. 112. None of the funds appropriated in this Act may be used Diego Garcia 
prior to April 15, 1976, for the purpose of carrying out any military Island, 
construction project on the island of Diego Garcia; except that construction 
$250,000 may be used to procure, construct and install aircraft arrest- 
iniitatio'i-
ing gear on the island of Diego Garcia. 
This Act may be cited as the "Military Construction Appropriation Short title. 
Act, 1976". 
Approved November 28, 1975. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-530 (Coram, on Appropriations) and No. 94-655 (Comm. of 
Conference). 
SENATE REPORT No. 94-442 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 121 (1975): 
Oct. 8, considered and passed House. 
Nov. 6, considered and passed Senate, amended. 
Nov. 18, House agreed to conference report. 
Nov. 19, Senate agreed to conference report.