Military Construction Appropriations Act, 1994
PL 103-110 (H.R.2446), enacted 10/21/1993

PUBLIC LAW 103-110—OCT. 21, 1993 
107 STAT. 1037 
Public Law 103-110 
103d Congress 
An Act 
Making appropriations for military construction for the Department of Defense 
Oct. 21, 1993 
for the fiscal year ending September 30,1994, and for other purposes. 
[H.R. 2446] 
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 Appropriations 
not otherwise appropriated, for the fiscal year ending September Act, 1994. 
30, 1994, for militai^ construction functions administered by the 
Department of Defense, and for other purposes, namely: 
MiuTARY CONSTRUCTION, ARMY 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, facili-
ties, and real property ror 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 bv 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 fimds appro-
priated for "MiUtary Construction, Army" under PubUc Law 102-
136, $4,700,000 is hereby rescinded: Provided fuHher, That of the 
funds appropriated for "Military Construction, Armjr" 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Law 102-380, $9,200,000 is hereby rescinded.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 
107 STAT. 1038 
PUBLIC LAW 103-110—OCT. 21, 1993 
further, That of the funds appropriated for "MiUtary Construction, 
Navy" under Public Law 101-148, $7,662,000 is hereby rescinded: 
Provided further. That of the fiinds appropriated for "MiUtary 
Construction, Navy" under Public Law 101-519, $14,406,000 is 
hereby rescinded: Provided further. That of the funds appropriated 
for "Military Construction, Nav/* under Public Law 102-136, 
$62,899,000 is hereby rescinded: Provided fuHher, That of the funds 
appropriated for "Military Construction, Navy" under Public Law 
102-380, $37,660,000 is hereby rescinded. 
MILITARY CONSTRUCJTION, 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" imder Public Law 101-148, $8,315,000 is hereby 
rescinded: Provided further. That of the fimds 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" imder PubUc Law 102-380, $2,250,000 is hereby rescinded. 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) • 
I 
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 tne amoimt appropriated, not to exceed $44,405,000 
shall be available for study, planning, design, architect and engineer 
services, as authorized by law, unless the Secret£ury 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. 
PUBLIC LAW 103-110—OCT. 21, 1993 
107 STAT. 1039 
MiuTARY 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 
imtil 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 imtil 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 
imtil September 30,1998. 
MILITARY CONSTRUCTION, AIR FORCE RESERVE 
For construction, acquisition, exp£uision, 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 familv 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 
107 STAT. 1040 
PUBLIC LAW 103-110—OCT. 21, 1993 
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 pajmaent, 
$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 pa3nnent, leasing, minor construction, prin-
cip£d 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 fimds 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 pajnnent, 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. 
PUBLIC LAW 103-110—OCT. 21, 1993 
107 STAT. 1041 
BASE REAUGNMENT AND CLOSURE ACCOUNT, PART I 
For deposit into the Department of Defense Base Closure 
Account established bv section 207(aXl) of the Defense Authoriza-
tion Amendments ana Base Closure and ReaUgnment 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 PubUc 
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(aXl) 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 REAUGNMENT AND CLOSURE ACCOUNT, PART III 
For deposit into the Department of Defense Base Closure 
Account 1990 established by section 2906(aXl) 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 Mdthin the United States, except Alaska, 
without the specific approval in writing of the Secretary of Defense 
setting forth the reasons therefor. 
SEC. 102. Fimds 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 tne fimds 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 Eni^neers or the Naval Facilities Engineering 
Cfommand, except (a) where there is a determination of value by 
a Federal court, or (b) purchases negotiated by the Attorney Genercu 
107 STAT. 1042 
PUBLIC LAW 103-110—OCT. 21, 1993 
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 fiuids 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 proiect 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 fimds 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. 
SEC. 110. None of the funds appropriated in Military Construc-
tion Appropriations Acts may be used to initiate a new installation 
overseas without prior notification to the Committees on Appropria-
tions. 
SEC. 111. None of the funds appropriated in Military Construc-
tion Appropriations Acts may be obligated for architect and 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 Kwsgalein 
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 Secretory of Defense is to inform the Committees 
on Appropriations and the Committees on Armed Services of the 
plans and scope of any proposed militery exercise involving United 
Stetes personnel thirty days prior to its occurring, if amoimte 
expended for construction, either temporary or permanent, are 
anticipated to exceed $100,000. 
(TRANSFER OF FUNDS) 
SEC. 114. Unexpended balances in the Militery Family Housing 
Management Account esteblished pursuant to section 2831 of title 
10, United Stetes Code, as well as any additional amounts which 
would otherwise be transferred to the Militery 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 
PUBLIC LAW 103-110—OCT. 21, 1993 
107 STAT. 1043 
shall be available for the same purposes, and for the same time 
period, as the appropriation to which they have been transferred. 
SEC. 115. Not more than 20 per centum of the appropriations 
in Military Construction Appropriations Acts which are limited 
for obligation during the current fiscal year shall 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 comple1:«d with funds otherwise expired or lapsed 
for obligation, expired or lapsed fiinds may be used to pay the 
cost of associated supervision, inspection, overhead, engineering 
and design on those projects and on subsequent claims, if any. 
SEC. 118. Notwithstanding any other provision of law, any 
fiinds 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 
fiscal year after the fiscal year for which fimds for such project 
were appropriated if the fimds obligated for such project (1) are 
obligated firom fimds 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. 
SEC. 119. Of the fiinds appropriated in this Act for Operation 
and maintenance of Family Housing, no more than $13,000,000 
may be obligated for contract cleaning of family housing units. 
(TRANSFER OF FUNDS) 
10 u s e 2860 
note. 
10 u s e 2860 
note. 
SEC. 120. During the 
five-year 
period afi^er appropriations avail-
able to the Department of Defense for militanr 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 ac^ustments 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 "Forei^ Current 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. 121. 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 otner 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. 
SEC. 122. (a) Notwithstanding any other provision of law, the 
Secretary of the Army shall transfer, no later than September 
30, 1994, without reimbursement or transfer of fiinds, to the 
Real property. 
!aryla 
2 u s e 141 note. 
Maryland. 
107 STAT. 1044 
PUBLIC LAW 103-110—OCT. 21, 1993 
Architect of the Capitol, a portion of the real property, including 
improvements thereon, consisting of not more than 100 acres located 
at Fort Greorge G. Meade in Anne Arundel County, Maryland, 
as determined under subsection (c). 
(b) The Architect of the Capitol shall, upon completion of the 
survey performed pursuant to subsection (c) and the transfer 
effected pursuant to subsection (a), utilize the transferred property 
to provide facilities to accommodate the varied long term storage 
and service needs of the Library of Congress and other Legislative 
Branch agencies. 
(c) The exact acreage and le^al description of the property 
to be transferred under this section shall be determined by a 
survey satisfactory to the Architect of the Capitol and the Secretary 
of the Army, and in consultation with officials of Anne Arundel 
County, Maryland. 
(d) Any real property and improvements thereon transferred 
pursuant to this section shall be under the jurisdiction of the 
Architect of the Capitol, subject to the rules and regulations provid-
ing for the use of such property as may be approved by the House 
Office Building Commission and the Senate Committee on Rules 
and Administration: Provided, That any existing improvements 
made available by the Architect to the Librarian of Congress, under 
the direction of the Joint Committee on the Library, or hereafter 
erected upon such real property pursuant to law for the purposes 
of providmg for the long term storage and service needs of the 
Library of Congress shall be subject to the provisions of sections 
136,141 and 167 to 167j of title 2, United Stotes Code. 
(e) Portions of the real property and any improvements thereon 
transferred pursuant to this section that are not determined to 
be immediately required for storage or service needs by the 
Architect are authorized to be leased temporarily to the Secretary 
of the Army: Provided, That nominal lease pajrments made by 
the Secretary of the Army shall be credited to the appropriation 
"Architect of the Capitol, Library Buildings and Grounds, Structural 
and Mechanical Care, No Year". 
(f) There are authorized to be appropriated to the Architect 
of the Capitol such sums as may be necessary to carry out the 
provisions of this section. 
SEC. 123. Proceeds received by the Secretary of the Navy pursu-
ant to section 2840 of the National Defense Authorization Act 
for Fiscal Years 1992 and 1993 (Public Law 102-190) are appro-
priated and shall be available for the purposes authorized in that 
section. 
SEC. 124. None of the funds appropriated in this Act or any 
other Act may be used for the purposes of esteblishing any criminal 
detention or rehabilitetion facility or program at Fort George 
Meade, Maryland. 
SEC. 125. COMPLIANCE WITH BUY AMERICAN ACT. 
No funds appropriated pursuant to this Act may be expended 
by an entity unless the entity agrees that in expencUng 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. 126. SENSE OF CONGRESS; R
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G NOTICE. 
(a) PURCHASE OF AMERICAN-MADE EQinPMENX AND PROD-
UCTS.—In the case of any equipment or producte that may be 
PUBLIC LAW 103-110—OCT. 21, 1993 
107 STAT. 1045 
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 Treasuiy shall 
provide to each recipient of the assistance a notice describing the 
statement made in subsection (a) by the Congress. 
SEC. 127. P R O H m m O N OF CONTRACTS. 
If it has been finally determined by a court or Federal agency 
that any person intentionally affixed a fraudulent label bearing 
a '^ade in America" inscription, or any^ inscription with the same 
meaning, to any product sold in or smpped to the United States 
that was not made in the United States, such person shall be 
ineli^ble to receive anjr 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. 
This Act may be cited as the '^iUtary Construction Appropria-
tions Act, 1994". 
Approved October 21, 1993. 
L E G I S L A T I V E fflSTORY—H.R. 2446: 
HOUSE REPORTS: Nos. 103-136 (Comm. on Appropriations) and 103-278 (Comm. 
of Conference). 
SENATE REPORTS: No. 103-148 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
June 23, considered and passed House. 
Sept. 30, considered and passed Senate, amended. 
Oct. 13, House agreed to conference report; receded and concurred in certain 
Senate amendments, in others with amendments. 
Oct. 19, Senate agreed to conference report; concurred in House amendments.