Military Construction Appropriation Act
PL 95-374 (H.R.12927), enacted 09/18/1978

PUBLIC LAW 95-374—SEPT. 18, 1978 
92 STAT. 707 
Public Law 95-374 
95th Congress 
An Act 
Making appropriations for military construction for the Department of Defense 
for the fiscal year ending September 30,1979, 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 otherwise 
aj)propriated, for the fiscal year ending September 30, 1979, 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, 2674, and 2675 of title 
10, United States Code, $711,509,000, to remain available until Sep-
tember 30, 1983: Provided^ That of this amount, not to exceed 
$64,400,000 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 for both Houses of 
Congress of his determination and the reasons therefor. 
MILITARY CONSTRUCTION, NAVY 
For acquisition, construction, installation, and equipment of tempo-
rary or permanent public works, naval installations, and facilities for 
the Navy as currently authorized in military public works or military 
construction Acts, and in sections 2673, 2674, and 2675 of title 10, 
United States Code, including personnel in the Naval Facilities Engi-
neering Command and other personal services necessary for the pur-
poses of this appropriation, $760,145,000, to remain available until 
September 30, 1983: Provided^ That of this amount, not to exceed 
$46,300,000 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 Con-
gress of his determination and the reasons therefor. 
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, 2674, and 2675 of title 
10, United States Code, $483,264,000, to remain available until Sep-
tember 30, 1983: Provided^ That of this amount, not to exceed 
$52,000,000 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 
Sept. 18. 1978 
[H.R. 12927] 
Military 
Construction 
Appropriation 
Act, 1979. 
Notification to 
congressional 
committees. 
Notification to 
congressional 
committees. 
Notification to 
congressional 
committees. 
92 STAT. 708 
PUBLIC LAW 95-374—SEPT. 18, 1978 
and notifies the Committees on Appropriations of both Houses of 
Congress of his determination and the reasons therefor. 
MILITARY CONSTRUCTION, DEFENSE AGENCIES 
Notification to 
congressional 
committees. 
10 u s e 2231 et 
seq. 
(INCLUDING TRANSFER OF FUNDS) 
For acquisition, construction, installation, and equipment of tempo-
rary or permanent public works, installations, and facilities for activ-
ities and agencies of the Department of Defense (other than the 
military departments and the Defense Civil Preparedness Agency), as 
currently authorized in military public works or military construction 
Acts, aiid in sections 2673, 2674, and 2675 of title 10, United States 
Code, $194,880,000, to remain available until September 30,1983; and, 
in addition, not to exceed $20,000,000 to be derived by transfer from 
the appropriation "Research, development, test, and evaluation. 
Defense Agencies" as determined by the Secretary of Defense: Pro-
vided, 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: Provided 
further, 
That of the amount appropriated, 
not to exceed $9,400,000 shall be available for study, planning, design, 
architect and engineer services, as authorized by law, unless the Secre-
tary 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 conver-
sion of facilities for the training and administration of the Army 
National Guard as authorized by chapter 133 of title 10, United States 
Code, as amended, and the Reserve Forces Facilities Acts, $52,200,000, 
to remain available until September 30,1983. 
MILITARY CONSTRUCTION, A I R NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and conver-
sion 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, $44,750,000, to remain available until Septem-
ber 30,1983. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilitation, and conver-
sion 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, $37,100,000, to 
remain available until September 30,1983. 
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, $21,850,000, to remain available until Septem-
ber 30,1983. 
PUBLIC LAW 95-374—SEPT. 18, 1978 
92 STAT. 709 
MILITARY CONSTRUCTION', AIR FORCE RESERVE 
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, $13,000,000, 10 USC 2231 et 
to remain available until September 30,1983. 
*«?• 
FAMILY HOUSING, DEFENSE 
For expenses of family housing for the Army, Navy, Marine Corps, 
Air Force, and Defense agencies, for construction, including acquisi- 
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tion, replacement, addition, expansion, extension and alteration and 
„ 
for operation, maintenance, and debt payment, including leasing, 
minor construction, principal and interest charges, and insurance pre-
miums, as authorized by law, $1,679,865,000, 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 76 Stat. 236. 
the following amounts: 
For the Army: 
Construction, $60,560,000; 
For the Navy and Marine Corps: 
Construction, $33,446,000; 
,..,ji .,, ,, 
For the Air Force: 
u 
Construction, $35,335,000; 
For Defense agencies: 
Construction, $3,024,000; 
For Department of Defense: 
Debt payment, $148,100,000; 
Operation, maintenance, $1,399,400,000; 
Provided, That the amounts provided under this head for construe- >^,.,,,.. . jv .
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tion, and for debt payment, shall remain available until September 30, 
^ 
1983: Provided further, That of the amounts appropriated for opera-
tion and maintenance, not less than $635,000,000 shall be available only 
for the maintenance of real property facilities. 
HOMEOWNERS ASSISTANCE FUND, DEFENSE 
For use in the Homeowners Assistance Fund established pursuant 
to section 1013(d) of the Demonstration Cities and Metropolitan 
Development Act of 1966 (Public Law 89-754, as amended), $1,500,000. 42 USC 3374. 
GENERAL PROVISIONS 
Prior 
appropriations. 
SEC. 101. Funds appropriated to the Department of Defense for con-
struction in prior years are hereby made available for construction 
authorized for each such department by the authorizations enacted 
into law during the second session of the Ninety-fifth Congress. 
SEC. 102. None of the funds appropriated in this Act shall be Contracts 
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 
Construction 
costs, expedition. 
92 STAT. 710 
PUBLIC LAW 95-374—SEPT. 18, 1978 
Motor vehicles, 
hire. 
31 u s e 638f. 
Access roads, 
construction. 
31 u s e 700b. 
New bases. 
Land purchases 
or easements. 
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. 
Service facilities. 
SEC. 104. None of the funds appropriated in this Act shall be used 
for the construction, replacement, or reactivation of any bakery, laun-
dry, 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 reason-
able 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 con-
struction may be used for advances to the Federal Highway Adminis-
tration, 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. 
Foreign projects. 
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 pur-
pose, stating the reason therefor. 
SEC. 110. None of the funds appropriated in this Act 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 appropriation 
Acts. 
SEC. 111. Appropriations heretofore made available for Military 
construction, Army; Military construction, Navy; Military construc-
tion. Air Force; Military construction. Defense Agencies; Military 
construction. Army National Guard; Military construction. Air 
National Guard; Military construction. Army Reserve; Military 
construction. Naval Reserve; and Military construction. Air Force 
Reserve, shall not be available for obligation after September 30,1983. 
Each such appropriation shall be merged with and shall be available 
for the same time period as appropriations made in this Act under the 
same head. 
Notification to 
SEC. 112. None of the funds appropriated in this Act for minor 
Committee on 
construction may be used to transfer or relocate any activity from one 
Appropriations. 
j^^se or installation to another, without prior notification to the Com-
mittee on Appropriations. 
Family housing 
limitations. 
PUBLIC LAW 95-374—SEPT. 18, 1978 
92 STAT. 711 
SEC. 113. None of the funds appropriated or otherwise made avail- Base realignment 
able under this Act shall be obligated or expended in connection with or closure 
any base realignment or closure activity, until all terms, conditions and activities, 
requirements of the National Environmental Policy Act have been 
complied with, with respect to each sudh activity. 
This Act may be cited as the "Military Construction Appropriation Short title. 
Act, 1979". 
Approved September 18, 1978. 
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LEGISLATIVE HISTORY: 
HOUSE REPORTS No. 95-1246 (Comm. on Appropriations) and No. 95-1495 (Comm. 
of Conference). 
SENATE REPORT No. 95-1019 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
June 16, considered and passed House. 
Aug. 3, considered and passed Senate, amended. 
Aug. 17, House agreed to conference report; receded from its disagreement and 
concurred in Senate amendment No. 21; concurred in other Senate amend-
ments with amendments. 
Aug. 21, Senate agreed to conference report; concurred in House amendments.