Making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1990, and for other purposes.
PL 101-148 (H.R.3012), enacted 11/10/1989

103 STAT. 920 
PUBLIC LAW 101-148—NOV. 10, 1989 
Public Law 101-148 
101st Congress 
An Act 
Nov. 10, 1989 
„ , . 
. . 
„ 
., 
—rrrp onioi— Making appropriations for military construction for the Department of Defense for 
ixi.n. oui^j 
jj^g ^jg^^j yg^j. g^jing September 30, 1990, 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, 
1990, for military construction functions administered by the 
Department of Defense, and for other purposes, namely: 
MiuTARY CONSTRUCTION, ARMY 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, facilities, 
and real property for the Army as currently authorized by law, and 
for construction and operation of facilities in support of the func-
tions of the Commander in Chief, $819,129,000, to remain available 
until September 30, 1994: Provided, That of this amount, not to 
exceed $79,420,000 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 Appro-
priations of both Houses of Congress of his determination and the 
reasons therefor. 
MiUTARY CONSTRUCTION, NAVY 
For acquisition, construction, installation, and equipment of tem-
porary 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, $1,139,250,000, to remain available until September 30, 
l^M: Provided, That of this amount, not to exceed $82,000,000 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 pur-
poses and notifies the Committees on Appropriations of both Houses 
of Congress of his determination and the reasons therefor: Provided 
further. That none of the funds available to the Department of the 
Navy in this or any other Act may be utilized to initiate agricultural 
leases of more than one year's duration on land in or around Naval 
Air Station Fallon, Nevada. 
MiuTARY CONSTRUCTION, AIR FORCE 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, facilities, 
and real property for the Air Force as currently authorized by law, 
$1,227,296,000, to remain available until September 30, 1994: Pro-
PUBLIC LAW 101-148—NOV. 10, 1989 
103 STAT. 921 
vided, That of this amount, not to exceed $99,000,000 shall be 
available for study, planning, design, architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense deter-
mines 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 appropriated for "Military Construc-
tion, Air Force" under Public Law 100-447, $18,500,000 is hereby 
rescinded. 
MILITARY CONSTRUCTION, DEFENSE AGENCIES 
(INCLUDING TRANSFER OF FUNDS) 
(INCLUDING RESCISSIONS) 
For acquisition, construction, installation, and equipment of tem-
porary 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 authorized by 
law, $537,440,000, to remain available until September 30, 1994: 
Provided, That such amounts of this appropriation as may be deter-
mined 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, £is the 
appropriation or fund to which transferred: Provided further. That 
of the amount appropriated, not to exceed $86,300,000 shall be 
available for study, planning, design, architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense deter-
mines 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 appropriated for "Military Construction, 
Defense Agencies" under Public Law 100-202, $10,000,000 is hereby 
rescinded: Provided further, That of the funds appropriated for 
"Military Construction, Defense Agencies" under Public Law 100-
447, $11,800,000 is hereby rescinded: Provided further, That, effec-
tive February 1, 1990, none of the unobligated funds appropriated in 
this Act for Defense Medical Facilities Office planning and design 
may be obligated until the Defense Medical Facilities Office initiates 
design of the aerospace medicine facility as required by the con-
ference report accompanying Public Law 100-447. 
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 inter-
national military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized 
in military construction Acts and section 2806 of title 10, United 
States Code, $424,714,000, to remain available until expended. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
103. STAT. 922 
PUBLIC LAW 101-148—NOV. 10, 1989 
Army National Guard, and contributions therefor, as authorized by 
chapter 133 of title 10, United States Code, and military construc-
tion authorization Acts, $223,490,000, to remain available until 
September 30,1994. 
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 chap-
ter 133 of title 10, United States Code, and military construction 
authorization Acts, $238,330,000, to remain available until Septem-
ber 30,1994. 
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, $97,460,000, to 
remain available until September 30,1994. 
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 militant construc-
tion authorization Acts, $56,600,000, to remain available until 
September 30, 1994. 
' 
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, $46,200,000, to 
remain available until September 30,1994. 
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 
charges, and insurance premiums, as authorized by law, as follows: 
for Construction, $78,982,000; for Operation and maintenance, and 
for debt payment, $1,375,000,000; in all $1,453,982,000: Provided, 
That the amount provided for construction shall remain available 
until September 30, 1994. 
FAMILY HOUSING, NAVY AND MARINE CORPS 
For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expan-
sion, extension 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 
PUBLIC LAW 101-148—NOV. 10, 1989 
103 STAT. 923 
follows: for Construction, $174,621,000; for Operation and mainte-
nance, and for debt payment, $623,700,000; in all $798,321,000: Pro-
vided, That the amount provided for construction shall remain 
available until September 30,1994. 
FAMILY HOUSING, AIR FORCE 
For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension 
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, $200,071,000; for Operation and maintenance, and 
for debt payment, $741,808,000; m all $941,879,000: Provided, That 
the amount provided for construction shall remain available until 
September 30,1994. 
FAMILY HOUSING, DEFENSE AGENCIES 
For exjpenses 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, $600,000; for Operation and maintenance, 
$20,700,000; in all $21,300,000: Provided, That the amount provided 
for construction shall remain available until September 30, 1994. 
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), 
$5,100,000, to remain available until expended. 
BASE REALIGNMENT AND CLOSURE ACCOUNT 
For deposit into the Department of Defense Base Closure Account 
established by section 207(aXl) of the Defense Authorization Amend-
ments and Base Closure and R e a l ^ m e n t Act (Public Law 100-526), 
$500,000,000, 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 $2,400,000,000 cost estimate for mili-
tary construction and family housing related to the Base Realign-
ment and Closure Program to be exceeded. 
GENERAL PROVISIONS 
SEC. 101. 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 there-
for. 
SEC. 102. Funds herein appropriated to the Department of Defense 
for construction shall be avculable for hire of passenger motor 
vehicles. 
103 STAT. 924 
PUBLIC LAW 101-148—NOV. 10, 1989 
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 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 deter-
mination 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 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. 107. None of the funds appropriated in this Act 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 Appropriations. 
SEC. 108. No part of the funds appropriated in this Act may be 
used for the procurement of steel for any construction project or 
activity for which American steel producers, fabricators, and manu-
facturers have been denied the opportunity to compete for such steel 
procurement. 
SEC. 109. No part of the funds appropriated in this Act for 
dredging in the Indian Ocean may be used for the performance of 
the work by foreign contractors: Provided, That the low responsive 
and responsible bid of a United States contractor does not exceed 
the lowest responsive and responsible bid of a foreign contractor by 
greater than 20 per centum. 
SEC. 110. 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. 
SEC. 111. None of the funds appropriated in this Act may be used 
to initiate a new installation overseas without prior notification to 
the Committees on Appropriations. 
SEC. 112. None of the funds appropriated in this Act 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. 113. None of the funds appropriated in this Act for military 
construction in the United States territories and possessions in the 
Pacific and on Kwajalein Island may be used to award any contract 
estimated by the Government 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 contractor exeeds the lowest responsive and 
PUBLIC LAW 101-148—NOV. 10, 1989 
103 STAT. 925 
responsible bid of a foreign contractor by greater than 20 per 
centum. 
SEC. 114. 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 30 days prior to its occurring, if amounts expended for 
construction, either temporary or permanent, are anticipated to 
exceed $100,000. 
(TRANSFER OF FUNDS) 
SEC. 115. 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 during fiscal year 1990, shall be transferred 
to the appropriations for Family Housing provided in this Act, £is 
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 to 
which they have been transferred. 
SEC. 116. Not more than 20 per centum of the appropriations in 
this Act 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. 117. Funds appropriated to the Department of Defense for 
construction in prior years are hereby made available for construc-
tion authorized for each such military department by the authoriza-
tions enacted into law during the first session of the One Hundred 
First Congress. 
SEC. 118. The Secretary of Defense is to provide the Committees on Reports. 
Appropriations of the Senate and the House of Representatives with 
a report by February 15, 1990, containing details of the specific 
actions proposed to be taken by the Department of Defense during 
fiscal year 1990 to encourage other member nations of the North 
Atlantic Treaty Organization and Japan to assume a greater share 
of the common defense burden of such nations and the United 
States. 
SEC. 119. 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. 
SEC. 120. None of the funds appropriated in this Act, except for 
North Atlantic Treaty Organization Infrastructure funds, may be 
used for planning, design, or construction of military facilities or 
family housing to support the relocation of the 401st Tactical 
Fighter Wing from Spain to another country. 
SEC. 121. Notwithstanding any other provision of law, any funds 10 USC 2860 
appropriated to a military department or defense agency for the note. 
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 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 
103 STAT. 926 
PUBLIC LAW 101-148—NOV. 10, 1989 
Weiges. 
Grovernment 
organization and 
employees. 
Hawaii. 
amount appropriated for such project, plus any amount by which 
the cost of such project is increased pursuant to law. 
SEC. 122. Of the funds appropriated in this Act for Operations and 
maintenance of Family Housing, no more than $25,000,000 may be 
obligated for contract cleaning of family housing units. 
SEC. 123. None of the funds appropriated in this Act may be used 
for the design, construction, operation or maintenance of new family 
housing units in the Republic of Korea in connection with any 
increase in accompanied tours after June 6,1988. 
SEC. 124. None of the funds appropriated in this Act for planning 
and design activities may be used to initiate design of the Pentagon 
Annex. 
SEC. 125. Such sums as may be necessary for fiscal year 1990 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act. 
SEC. 126. None of the funds appropriated in this Act, except those 
necessary to exercise construction management provisions under 
section 2807 of title 10, United States Code, may be used for study, 
planning, design, or architect and engineer services related to the 
relocation of Yongsan Garrison, Korea. 
SEC. 127. (a) SALE OF LANDS.—Notwithstanding any other provi-
sion of law, and subject to subsections (b) through (h), the Secretary 
of the Navy (hereinafter the "Secretary") may sell the following real 
property together with improvements thereon: 
(1) Approximately 108 acres in Pearl City, Oahu, Hawaii, 
known as the Manana Storage Area; and 
(2) Approximately 14 acres in Pearl City, Oahu, Hawaii, 
known as Pearl City Junction. 
(b) CONDITIONS OF SALE.— 
(1) MANANA STORAGE AREA.—The State of Hawaii shall have 
the right to acquire and the Secretary shall have the authority 
to sell to the State of Hawaii this property by meeting the terms 
and conditions set forth in subsection (c). 
(2) PEARL CITY JUNCTION.—The State of Hawaii shall have the 
first right to acquire and the Secretary shall have the authority 
to sell to the State of Hawaii this property by meeting the terms 
and conditions set forth in subsection (d). Should the State and 
the Secretary fail to consummate an agreement, the Secretary 
shall have authority to sell this property through competitive 
procedures. 
(3) Consideration for each sale shall not be less than the fair 
market value of the property, as determined by the Secretary. 
(4) Payment may be by cash or as specified in subsections (c) 
and (d), as determined by the Secretary. 
(c) SALE OF MANANA STORAGE AREA.— 
(1) As consideration for any transfer to the State of Hawaii of 
the Manana Storage Area, the Secretary shall receive— 
(A) at a site or sites to be determined by the Secretary, 
design and construction to reasonable specifications to the 
Secretary's satisfaction: (i) an openable causeway from 
mainside Pearl Harbor Naval Base to Ford Island; and (ii) 
replacement facilities for those Navy facilities presently on 
Manana Storage Area; and actually relocate on Oahu, to 
the satisfaction of the Secretary, the functions presently on 
Manana Storage Area; or 
PUBLIC LAW 101-148—NOV. 10, 1989 
103 STAT. 927 
(B) funds to Eillow the Secretary to perform the design, 
construction and relocation specified in subsection (cXlXA); 
or 
(C) any combination of the consideration enumerated in 
subsections (cXlXA) and (cXlXB) above that accomplishes 
the design, construction, and relocation, at the discretion of, 
and to the satisfaction of, the Secretary. 
(2) If the State of Hawaii constructs the causeway or replace-
ment facilities or any portion thereof, upon the acceptance by 
the Secretary, the State shall transfer complete title to those 
facilities to the Secretary free of any liens or encumbrances. 
(d) SALE OF PEARL CITY JUNCTION.—As consideration for the sale 
of Pearl City Junction, the Navy shall receive either funds, or actual 
design and construction of facilities plus relocation, or a combina-
tion thereof, as determined by the Secretary, to accommodate 
consolidation and relocation of the functions on the sale property to 
other Navy and Marine Corps property. This may include— 
(1) relocation and consolidation of functions at Manana Stor-
age Area and Pearl City Junction to common replacement 
facilities; and 
(2) relocation of Marine Corps functions that would be dis-
placed by such consolidation to replacement facilities to be 
designed and constructed at Marine Corps Air Station, Kaneohe 
Bay. 
(e) USE OF FUNDS.— 
(1) The Secretary may use the funds derived from any sale of 
land under this section to accomplish any of the purposes 
described in subsections (c) and (d) including any related 
expenses. 
(2) Funds received from the sales of lands under this section 
may be placed in an interest bearing account by the Secretary 
until expended and the accrued interest therefrom may be used 
in the same manner as the sale proceeds. 
(3) Any funds which are unexpended after all the actions 
described in subsections (c) and (d) have been accomplished, 
shall be available for design and construction of additional 
support facilities for Naval Supply Center, Pearl Harbor. 
(D LEGAL DESCRIPTIONS OF LANDS.—The exact acreages and legal 
descriptions of the properties to be transferred to the State of 
Hawaii or sold under this section shall be in accordance with 
surveys that are satisfactory to the Secretary. 
(g) NOTIFICATION.—The Secretary may not enter into any contract 
under this section to— 
(1) convey title to real property; 
(2) provide for design or construction of a causeway to Ford 
Island, replacement facilities or other support facilities; and 
(3) provide for relocation of functions from the properties to 
be sold until— 
(A) the Secretary has transmitted to the appropriate Reports. 
Committees of Congress a report of the details of the pro-
posed transaction; and 
(B) a period of twenty-one days has expired from the date 
such report has been received by the Committees. 
(h) ADDITIONAL TERMS.—The Secretary may require such addi-
tional terms and conditions in agreements entered into under this 
103 STAT. 928 
PUBLIC LAW 101-148—NOV. 10, 1989 
section as the Secretary considers appropriate to protect the 
interests of the United States. 
Approved November 10, 1989. 
LEGISLATIVE HISTORY—H.R. 3012: 
HOUSE REPORTS: No. 101-176 (Comm. on Appropriations) No. 101-307 (Coram. 
of Conference). 
SENATE REPORTS: No. 101-130 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
July. 31, considered and passed House. 
Sept. 15, considered and passed Senate, amended. 
Oct. 26, House agreed to conference report; receded and concurred in certain 
Senate amendments, in others with amendments. 
Oct. 27, Senate agreed to conference report; concurred in House amendments.