Military Construction Appropriations Act, 1995
PL 103-307 (H.R.4453), enacted 08/23/1994

PUBLIC LAW 103-307—AUG. 23, 1994 
108 STAT. 1659 
Public Law 103-307 
103d Congress 
An Act 
Making appropriations for military construction for the Department of Defense 
Aug. 23, 1994 
for the fiscal year ending September 30, 1995, and for other purposes. 
[H.R. 4453] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. That the Military 
following sums are appropriated, out of any money in the Treasury Appro^OT^ad^ 
not otherwise appropriated, for the fiscal year ending September 
Act, 1995. 
30, 1995, 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 ibr 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, $550,476,000, to remain 
available until September 30, 1599: Provided, That of this amount, 
not to exceed $66,126,000 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. 
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, $385,110,000, to remain available until September 30, 
1999: Provided, That of this amount, not to exceed $43,380,000 
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. 
108 STAT. 1660 
PUBLIC LAW 103-307—AUG. 23, 1994 
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, $516,813,000, to remain available until September 30, 1999: 
Provided, That of this amount, not to exceed $49,386,000 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. 
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, $504,118,000, 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 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 appropriated, 
not to exceed $51,960,000 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. 
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, $188,062,000, to remain available 
until September 30,1999. 
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, $249,056,000, to remain available until 
September 30, 1999. 
PUBLIC LAW 103-307—AUG. 23, 1994 
108 STAT. 1661 
MILITARY CONSTRUCTION, ARMY RESERVE 
(TRANSFER OF FUNDS) 
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, 
$57,370,000, to remain available until September 30, 1999: Pro-
vided, That of the funds appropriated for "Military Construction, 
Army Reserve, 1992/1996", $1,500,000 shall be transferred to "MiH-
tary Construction, Army National Guard, 1992/1996" for the same 
purposes as the appropriation to which transferred. 
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, $22,748,000, to remain available 
until September 30,1999. 
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, 
$57,066,000, to remain available until September 30, 1999. 
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, $119,000,000, 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 
pa5rment, leasing, minor construction, principal and 
interest 
charges, and insurance premiums, as authorized by law, as follows: 
for Construction, $170,002,000, to remain available until September 
30, 1999; for Operation and maintensince, and for debt payment, 
$1,013,708,000; in all $1,183,710,000. 
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-
108 STAT. 1662 
PUBLIC LAW 103-307—AUG. 23, 1994 
cipal and interest charges, and insurance premiums, as authorized 
by law, as follows: for Construction, $267,465,000, to remain avail-
able until September 30, 1999; for Operation and maintenance, 
and for debt payment, $937,599,000; in all $1,205,064,000. 
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, $277,444,000, to remain available until September 
30, 1999; for Operation and maintenance, and for debt payment, 
$824,845,000 of which not more than $14,200,000 may be obHgated 
for the acquisition of family housing units at Comiso AB, Italy; 
in all $1,102,289,000. 
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 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, $350,000, to remain available for obliga-
tion 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 
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: 
Provided further, That not less than $66,800,000 of the funds 
appropriated herein shall be available solely for environmental 
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 11", to be merged with, and to be available 
for the same purposes and the same time period as that account. 
PUBLIC LAW 103-307—AUG. 23, 1994 
108 STAT. 1663 
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III 
For deposit into the Department of Defense Base Closure 
Account 1990 established by section 2P06(a)(l) of the Department 
of Defense Authorization 
Act, 
1991 (Public Law 
101-510), 
$2,322,858,000, to remain available 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 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 
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 Construc-
tion Appropriations Acts shall be used to (1) acquire 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 Construction Appropriations Acts. 
SEC. 107. None of the funds appropriated in Military Construc-
tion 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 Appropria-
tions. 
SEC. 108. No part of the funds appropriated in Military 
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 Department of 
Defense for military construction or family housing during the 
current fiscal year may be used to pay real property taxes in 
any foreign nation. 
108 STAT. 1664 
PUBLIC LAW 103-307—AUG. 23, 1994 
SEC. 110. None of the funds appropriated in Military Construc-
tion Appropriations Acts may be used to initiate a new instal-
lation overseas without prior notification to the Committees on 
Appropriations. 
SEC. 111. None of the funds appropriated in Military Construc-
tion Appropriations Acts may be obligated for architect £ind engineer 
contracts estimated by the Government 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 Construc-
tion Appropriations Acts for military construction in the United 
States territories and possessions in the Pacific and on Kwajalein 
Atoll may be used to award any contract estimated by the Govern-
ment 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 contrac-
tor 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 construction, either temporary or permanent, are 
anticipated to exceed $100,000. 
(TRANSFER OF FUNDS) 
SEC. 114. Unexpended balances in the Military Family Housing 
Management Account established pursuant to section 2831 of title 
10, United States Code, as well as any additional amounts which 
would otherwise be transferred to the Military Family Housing 
Management Account, shall be transferred to the appropriations 
for Family 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 tc which they have been transferred. 
SEC. 115. Not more th£in 20 per centum of the appropriations 
in Military Construction Appropriations Acts which are limited 
for obligation during the current fiscal year shsJl 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 department 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 expired or lapsed 
for obligation, expired or lapsed funds may be used to pay the 
cost of associated supervision, inspection, overhead, engineering 
and design on those projects and on subsequent claims, if any. 
10 use 2860 
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 
PUBLIC LAW 103-307—AUG. 23, 1994 
108 STAT. 1665 
fiscal year after the fiscal year for which funds for such project 
were appropriated 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 appropriations avail- lO USC 2860 
able to the Department of Defense for military construction and ^°^^' 
family housing operation and maintenance and construction have 
expired for obligation, upon a determination that such appropria-
tions will not be necessary for the liquidation of obligations or 
for making authorized adjustments to such appropriations for 
obligations incurred during the period of availability of such appro-
priations, unobligated balances of such appropriations may be trans-
ferred into the appropriation "Foreign Currency Fluctuations, 
Construction, Defense" to be merged with and to be available for 
the same time period and for the same purposes as the appropria-
tion to which transferred. 
SEC. 120. The Secretary of Defense is to provide the Committees Reports, 
on Appropriations of the Senate and the House of Representatives 
with an annual report by February 15, containing details of the 
specific actions proposed to be taken by the Department of Defense 
during the current fiscal year to encourage other member nations 
of the North Atlantic Treaty Organization and Japan and Korea 
to assume a greater share of the common defense burden of such 
nations and the United States. 
(TRANSFER OF FUNDS) 
SEC. 121. During the current fiscal year, in addition to any 
other transfer authority available to the Department of Defense, 
proceeds deposited to 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) pursuant to section 207(a)(2)(C) of such Act, may 
be transferred to the account established by section 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. 
SEC. 122. The second paragraph under the heading, "Family 
Housing, Navy and Marine Corps" in title XI of Public Law 102-
368, is amended by inserting "and the August 8, 1993 earthquake 
106 Stat. 1151. 
in Guam" immediately ai'ter 'Typhoon Omar". 
SEC. 123. (a) Of the budgetary resources available to the 
Department of Defense for military construction and family housing 
accounts during fiscal year 1995, $10,421,000 are permanently can-
celed. 
(b) The Secretary of Defense shall allocate the amount of budg-
etary resources canceled among the Department's military construc-
tion and family housing accounts available for procurement and 
procurement-related expenses. Amounts available for procurement 
and procurement-related expenses in each such account shall be 
reduced by the amount allocated to such account. 
(c) For the purposes of this section, the definition of "procure-
ment" includes all stages of the process of acquiring property or 
108 STAT. 1666 
PUBLIC LAW 103-307—AUG. 23, 1994 
services, beginning with the process of determining a need for 
a product or services and ending with contract completion and 
closeout, as specified in 41 U.S.C. 403(2). 
SEC. 124. COMPLIANCE WITH BUY AMERICAN ACT. 
No funds appropriated pursuant to this Act may be expended 
by an entity unless the entity agrees that in expending the assist-
ance the entity will comply with sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. lOa-lOc, popularly known as the 
"Buy American Act"). 
SEC. 125. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE. 
(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—In the case of any equipment or products that may be 
authorized to be purchased with financial assistance provided under 
this Act, it is the sense of the Congress that entities receiving 
such assistance should, in expending the assistance, purchase only 
American-made equipment and products. 
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing finan-
cial assistance under this Act, the Secretary of the Treasury shall 
provide to each recipient of the assistance a notice describing the 
statement made in subsection (a) by the Congress. 
SEC. 126. PROfflBITION OF CONTRACTS. 
If it has been finally determined by a court or Federal agency 
that any person intentionally affixed a fraudulent label bearing 
a "Made in America" inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States 
that was not made in the United States, such person shall be 
ineligible to receive any contract or subcontract made with funds 
provided pursuant to this Act, pursuant to the debarment, suspen-
sion, and ineligibility procedures described in section 9.400 through 
9.409 of title 48, Code of Federal Regulations. 
SEC. 127. LAND CONVEYANCE, NAVAL RESERVE CENTER, SEATTLE, 
WASHINGTON. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 
convey to the City of Seattle, Washington (in this section referred 
to as the "City"), all right, title, and interest of the United States 
in and to a parcel of real property, together with improvements 
thereon, consisting of approximately 5.09 acres, the location of 
the Naval Reserve Center, Seattle, Washington. 
(b) CONSIDERATION.—-<1) As consideration for the conveyance 
under subsection (a), the City shall pay to the United States an 
amount equal to the fair market value (as determined by the 
Secretary) of the portion of the real property to be conveyed under 
subsection (a) that is described in paragraph (2). 
(2) Paragraph (1) applies to the portion of the parcel of real 
property referred to in subsection (a) that consists of approximately 
3.67 acres and was acquired by the United States from a party 
other than the City. 
(c) CONDITION.—^The conveyance authorized by subsection (a) 
shall be subject to the condition that the City accept the real 
property in its condition at the time of conveyance. 
(d) REQUIREMENTS RELATING TO CONVEYANCE.—(1) The Sec-
retary may not make the conveyance authorized by subsection 
(a) until the commencement of the use by the Navy of a Naval 
PUBLIC LAW 103-307—AUG. 23, 1994 
108 STAT. 1667 
Reserve Center that is a suitable replacement for the Naval Reserve 
Center located on the property to be conveyed. 
(2) The Secretary may not commence construction of a facility 
to be the replacement facility under paragraph (1) for the Naval 
Reserve Center until the Secretary completes an environmental 
impact statement with respect to the construction and operation 
of the facility to be the replacement facility. 
(e) PAYMENT FOR COMMERCIAL USE.—If at any time after the 
conveyance under this section the City ceases utilizing the real 
property conveyed under subsection (a) for public purposes, and 
uses such real property instead for commercial purposes, the City 
shall pay to the United States an amount equal to the excess, 
if any, of— 
(1) an amount equal to the fair market value (as determined 
by the Secretary) of the real property referred to in subsection 
(b)(2), and any improvements thereon, at the time the City 
ceases utilizing the real property for public purposes, over 
(2) the amount determined by the Secretary under sub-
section (b)(1). 
(f) USE OF PROCEEDS.—^Proceeds from the sale shall be depos-
ited in the Treasury of the United States. 
(g) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the property to be conveyed under this section shall 
be determined by a surv^ey satisfactory to the Secretary. The cost 
of the survey shall be borne by the City. 
(h) ADDITIONAL TERMS AND CONDITIONS.—(1) The Navy may 
scope more than one site. 
(2) The Secretary may require such additional terms and condi-
tions in connection with the conveyance under this section as the 
Secretary considers appropriate to protect the interests of the 
United States. 
SEC. 128. LAND TRANSFER, WOODBRmGE RESEARCH FACILITY, 
VIRGINIA. 
(a) REQUIREMENT OF TRANSFER.—Notwithstanding any other 
provision of law, the Secretary of the Army shall transfer, without 
reimbursement, to the Department of the Interior, a parcel of real 
estate consisting of approximately 580 acres and comprising the 
Army Research Laboratory Woodbridge Facility, Virginia, together 
with any improvements thereon. 
(b) USE OF TRANSFERRED PROPERTY.—The Secretary of the 
Interior shall use appropriate parts of this real property for (1) 
incorporation into the Mason Neck Wildlife Refuge and (2) work 
with the local government and the Woodbridge Reuse Committee 
to plan any additional usage of the property, including an environ-
mental education center: Provided, That the Secretary of the 
Interior provide appropriate public access to the property. 
108 STAT. 1668 
PUBLIC LAW 103-307—AUG. 23, 1994 
This Act may be cited as the "MiUtary Construction 
Approprations Act, 1995". 
Approved August 23, 1994. 
LEGISLATIVE HISTORY—H.R. 4453: 
HOUSE REPORTS: Nos. 103-516 (Comm. on Appropriations) and 103-624 (Ck)mm. of 
Conference). 
SENATE REPORTS: No. 103-312 (Cbmm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
May. 24, considered and passed House. 
July 15, considered and passed Senate, amended. 
Aug. 1, House agreed to conference report; receded and concurred in certain 
Senate amendments, in others with amendments, and disagreed to another. 
Aug. 10, Senate agreed to conference report; concurred in certain House 
amendments, and receded from another.