Military Construction Appropriations Act, 1991
PL 101-519 (H.R.5313), enacted 11/05/1990

104 STAT. 2240 
PUBLIC LAW 101-519—NOV. 5, 1990 
Public Law 101-519 
101st Congress 
An Act 
Nov. 5, 1990 
Making appropriations for military construction for the Department of Defense for 
[H.R. 5313] 
tl^6 fiscal year ending September 30, 1991, and for other purposes. 
Be it eruicted by the Senate and House of Representatives of the 
Military 
United States of America in Congress assembled, That the following 
Appropriadon^ 
sums are appropriated, out of any money in the Treasury not 
Act, 1991. 
otherwise appropriated, for the fiscal year ending September 30, 
1991, for military construction functions administered by the 
Department of Defense, and for other purposes, namely: 
MiuTARY C O N S T R U C T I O N , A R M Y 
(INCLUDING RESCISSIONS) 
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, $746,137,000, to remain avail-
able until September 30, 1995: Provided, That of this amount, not 
to exceed $89,577,000 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: Provided further. That of the funds appropriated 
for "Military Construction, Army" under Public Law 99-173, 
$1,900,000 is hereby rescinded: Provided further, That of the funds 
appropriated for "Military Construction, Army" under Public Law 
99-500 and Public Law 99-591, $14,905,000 is hereby rescinded: 
Provided further, That of the funds appropriated for "Military 
Construction, Army" under Public Law 100-202, $29,030,000 is 
hereby rescinded: Provided further. That of the funds appropriated 
for "Military Construction, Army" under Public Law 100-447, 
$26,910,000 is hereby rescinded: Provided further. That of the 
funds appropriated for "Military Construction, Army" under 
Public Law 101-148, $44,000,000 is hereby rescinded. 
MiUTARY C O N S T R U C T I O N , 
N A V Y 
(INCLUDING RESCISSION) 
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, $1,132,606,000, to remain available until September 30, 
1995: Provided, That of this amount, not to exceed $74,451,000 shall 
PUBLIC LAW 101-519—NOV. 5, 1990 
104 STAT. 2241 
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, 
Navy" under Public Law 101-148, $6,200,000 is hereby rescinded. 
MiuTARY CONSTRUCTION, AIR FORCE 
(INCLUDING RESCISSIONS) 
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, 
$949,094,000 and rescission of $26,000,000 of the funds appropriated 
for "Military Construction, Air Force" under Public Law 101-148 in 
addition to the rescissions listed subsequently in this parsigraph, to 
remain available until September 30, 1995: Provided, That of this 
amount, not to exceed $94,241,000 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 Commit-
tees on Appropriations of both Houses of Congress of his determina-
tion and the reasons therefor: Provided further. That of the funds 
appropriated for "Military Construction, Air Force" under Public 
Law 100-447, $4,700,000 is hereby rescinded: Provided further. That 
of the funds appropriated for 
Military Construction, Air Force" 
under Public Law 101-148, $20,690,000 is hereby rescinded: Provided 
further. That, herein and hereafter, the Ballistic Missile Organiza-
tion shall not be relocated from Norton Air Force Base, California. 
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, $601,288,000, to remain available until September 30, 1995: 
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, as the 
appropriation or fund to which transferred: Provided further. That 
of the amount appropriated, not to exceed $94,285,000 shall be 
available for study, planning, design, architect Eind 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 100-447, $35,578,000 is hereby 
rescinded: Provided further. That of the funds appropriated for 
104 STAT. 2242 
PUBLIC LAW 101-519—NOV. 5, 1990 
"Military Construction, Defense Agencies" under Public Law 101-
148, $32,541,000 is hereby rescinded. 
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, $192,700,000, to remain available until expended: Pro-
vided, That none of the funds appropriated or otherwise available 
under the North Atlantic Treaty Organization Infrastructure Ac-
count in this or any other Act may be obligated for planning, design, 
or construction of military facilities or family housing to support the 
relocation of the 401st Tactical Fighter Wing to Crotone, Italy. 
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 construc-
tion authorization Acts, $313,224,000, to remain available until 
September 30,1995. 
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, $180,560,000, to remain available until Septem-
ber 30,1995. 
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, $77,426,000, to 
remain available until September 30,1995. 
MIUTARY 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 construc-
tion authorization Acts, $80,307,000, to remain available until 
September 30,1995. 
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 
PUBLIC LAW 101-519—NOV. 5, 1990 
104 STAT. 2243 
Code, and military construction authorization Acts, $38,600,000, to 
remain available until September 30,1995. 
FAMILY HOUSING, ARMY 
(INCLUDING RESCISSIONS) 
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, $74,300,000; for Operation and maintenance, and 
for debt payment, $1,463,967,000; in all $1,538,267,000: Provided, 
That the amount provided for construction shall remain available 
until September 30, 1995: Provided further. That of the funds appro-
priated for "Family Housing, Army" under Public Law 100-202, 
$4,264,000 is hereby rescinded: Provided further. That of the funds 
appropriated for "Family Housing, Army" under Public Law 100-
447, $8,400,000 is hereby rescinded. 
FAMILY HOUSING, NAVY AND MARINE CORPS 
(INCLUDING RESCISSION) 
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 
follows: for Construction, $174,917,000; for Operation and mainte-
nance, and for debt payment, $691,101,000; in all $866,018,000: Pro-
vided, That the amount provided for construction shall remain 
available until September 30, 1995: Provided further. That of the 
funds appropriated for "Family Housing, Navy and Marine Corps" 
under Public Law 101-148, $11,037,000 is hereby rescinded. 
FAMILY HOUSING, AIR FORCE 
(INCLUDING RESCISSIONS) 
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, $162,957,000; for Operation and maintenance, and 
for debt payment, $771,442,000; in all $934,399,000: Provided, That 
the amount provided for construction shall remain available until 
September 30, 1995: Provided further. That of the funds appro-
priated for "Family Housing, Air Force" under Public Law 100-202, 
$1,941,000 is hereby rescinded: Provided further. That of the funds 
appropriated for "Family Housing, Air Force" under Public Law 
100-447, $167,000 is hereby rescinded: Provided further. That of the 
funds appropriated for "Family Housing, Air Force" under Public 
Law 101-148, $43,856,000 is hereby rescinded. 
104 STAT. 2244 
PUBLIC LAW 101-519—NOV. 5, 1990 
FAMILY HOUSING, DEFENSE AGENCIES 
(INCLUDING RESCISSIONS) 
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, $500,000; for Operation and maintenance, 
$20,514,000; in all $21,014,000: Provided, That the amount provided 
for construction shall remain available until September 30, 1995: 
Provided further. That of the funds appropriated for "Family Hous-
ing, Defense Agencies" under Public Law 101-148, $300,000 is 
hereby rescinded. 
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 REAUGNMENT AND CLOSURE ACCOUNT 
For deposit into the Department of Defense Base Closure Account 
established by section 207(a)(1) of the Defense Authorization Amend-
ments and Base Closure and Realignment Act (Public Law 100-526), 
$998,100,000, to remain available for obligation until September 30, 
1995: Provided, That none of these funds may be obligated for beise 
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: Provided further. That 
$100,000,000 of the funds appropriated herein shall be available 
solely for environmental restoration. 
GENERAL PROVISIONS 
SEC. 101. None of the funds appropriated in this Act shall be 
expended for pajmients 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 herein 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. 
PUBLIC LAW 101-519—NOV. 5, 1990 
104 STAT. 2245 
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 O
t
>
) 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. 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. 110. 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. 111. 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. 112. 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 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 sunounts 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 
104 STAT. 2246 
PUBLIC LAW 101-519—NOV. 5, 1990 
Management Account during fiscal year 1991, shall be transferred 
to the appropriations for Family Housing provided in this Act, 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 to 
which they have been transferred. 
SEC. 115. 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. 116. 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 second session of the One Hundred 
First Congress. 
Repoj^- 
SEC. 117. The Secretary of Defense is to provide the Committees on 
Appropriations of the Senate and the House of Representatives with 
a report by February 15, 1991, containing details of the specific 
actions proposed to be taken by the Department of Defense during 
fiscal year 1991 to encourage other member nations of the North 
Atlantic Treaty Organization and Japan to sissume a greater share 
of the common defense burden of such nations and the United 
States. 
SEC. 118. 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. 119. 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 emy 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 
amount appropriated for such project, plus any amount by which 
the cost of such project is increased pursu£int to law. 
SEC. 120. Of the funds appropriated in this Act for Operations and 
maintenance of Family Housing, no more than $16,000,000 may be 
obligated for contract cleaning of family housing units. 
SEC. 121. 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. 122. None of the funds appropriated in this Act for planning 
and design activities may be used to initiate design of the Pentagon 
Annex. 
SEC. 123. 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. 124. None of the funds herein or heretofore appropriated for 
Military Construction and Family Housing are available to fund 
PUBLIC LAW 101-519—NOV. 5, 1990 
104 STAT. 2247 
costs associated with military operations in Pangima known as 
Operation Just Cause, notwithstanding transfer authority contained 
in section 211 of Public Law 101-302. 
SEC. 125. The Congress disapproves the deferrals relating to the 
Department of Defense as set forth in the message from the 
Comptroller General transmitted to the Congress on June 28, 1990 
(H. Doc. 101-210). 
SEC. 126. (a) Notwithstanding any other provision of law, the 
Secretary of the Army shall transfer, no later than September 30, 
1991, and without reimbursement, to the Secretary of the Interior 
the real property, including improvements thereon, consisting of 
approximately 7,600 acres of Fort Meade, Maryland, located gen-
erally south of Maryland Route 198 extended and the power-line 
right-of-way, as determined under subsection (d). 
Qy) The Secretary of the Interior shall administer the property 
transferred pursuant to subsection (a) consistent with wildlife con-
servation purposes and shall provide for the continued use of the 
property by Federal agencies to the extent such agencies are using it 
on the date of the enactment of this Act, including activities of the 
Department of Defense that are consistent with the recommenda-
tions of the Base Realignment and Closure Commission. 
(c) The Secretary of the Interior may not convey, lease, transfer, 
declare excess or surplus, or otherwise dispose of any portion of the 
property transferred pursuant to subsection (a) unless approved by 
law. 
(d) The exact acreage and legal description of the property to be 
transferred under this section shall be determined by a survey 
satisfactory to the Director of the United States Fish and Wildlife 
Service within the Department of the Interior, after consultation 
with the Department of the Army and appropriate State gmd local 
government officials. 
SEC. 127. (a) IN GENERAL.—(1) Subject to subsections QD) through 
(e), the Secretary of the Army may convey to the city of Tacoma, 
Washington, all right, title, and interest of the United States in and 
to a parcel of real property, including improvements thereon, lo-
cated at 3009 North Star Street, Tacoma, Washington, consisting of 
approximately 6.7 acres. 
(2) The conveyance under paragraph (1) shall be made in consider-
ation for a 50-year leasehold interest in and to Pier 23, Port of 
Tacoma, made available by the State of Washington to the Depart-
ment of the Army. 
0)) CONDITIONS OF CONVEYANCE.—The conveyance authorized by 
subsection (a) shall be subject to the following conditions: 
(1) The property conveyed shall be used for public purposes. 
(2) The Secretary may reserve to the United States {and shall 
include in the instrument of conveyance) such easements and 
other interest in the property conveyed pursuant to this section 
as the Secretary determines necessary or convenient for the 
operations, activities, and functions of the United States. 
(c) REVERSION.—If the Secretary determines at any time that the 
property conveyed pursuant to this section is not being used for the 
purposes specified in subsection O^XD, all right, title, and interest in 
and to the property (including improvements thereon) shall revert 
to the United States and the United States shall have the right of 
immediate entry thereon. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under this section shall be 
Real property 
acquisition. 
Maryland. 
Electric power. 
Rights-of-way. 
Wildlife. 
Real property 
acquisition. 
Washington. 
Public lands. 
104 STAT. 2248 
PUBLIC LAW 101-519—NOV. 5, 1990 
Wages. 
Government 
employees. 
Public lands. 
Utah. 
Real property 
acquisition. 
Rights-of-way. 
determined by a survey satisfactory to the Secretary. The cost of 
such survey shall be borne by the city. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
re-
quire such additional terms and conditions in connection with the 
conveyance under this section as the Secretary determines appro-
priate to protect the interests of the United States. 
SEC. 128. 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. 129. Such sums as may be necessary for fiscal year 1991 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act. 
SEC. 130. (a) CONVEYANCE.—(1) Except as provided in paragraphs 
(2), (3), and (4), and subject to subsections (c) and (g), the Secretary of 
the Army shall convey to the University of Utah all right, title, and 
interest of the United States in and to the land comprising Fort 
Douglas, Utah, together with improvements thereon. 
(2) The Secretary shall except from the land conveyed under 
paragraph (1) such land, not in excess of 64 acres, and improvements 
thereon as may be necessary for the Army to continue conducting 
Army Reserve activities at the Fort Douglas location. 
(3) The Secretary shall also except from the land conveyed under 
paragraph (1) the land at Fort Douglas constituting the Fort Douglas 
Post Cemetery, consisting of approximately four acres. 
(4) In connection with the land retained for Army Reserve activi-
ties and the land constituting the Army Post Cemetery, the Sec-
retary shall reserve to the United States in the land conveyed such 
rights-of-way and other easements as may be necessary for ingress 
to and egress from the land retained. 
(b) CONSIDERATION.—(1) The conveyance under subsection (a) shall 
be made only on the condition that the State of Utah and the 
University of Utah waive any entitlements that have not been 
exercised on behalf of the University of Utah before the date of the 
enactment of this section and that may be due to the State of Utah 
or the University of Utah on behalf of the University of Utah 
under— 
(A) section 3 of the Act entitled "An Act to establish the office 
of Surveyor-General of Utah, and to grant Land for School and 
University Purposes", approved February 21,1855 (10 Stat. 611); 
and 
(B) sections 8 and 12 of the Act entitled "An Act to enable the 
people of Utah to form a constitution and State government, 
and to be admitted into the Union on equal footing with the 
original States", approved July 16,1894 (28 Stat. 110). 
(2) The waiver referred to in paragraph (1) shall be executed in 
such manner as the Secretary of the Army, after consultation with 
the Attorney General of the United States, determines necessary to 
effectively waive any unexercised entitlements under those laws. 
(c) CONDITION.—(1) The conveyance provided for in subsection (a) 
may be made only on condition that— 
(A) the State of Utah agrees to maintain and operate, as 
provided in paragraph (2), the Army museum located on the 
land conveyed to the University of Utah pursuant to this sec-
tion; and 
(B) the University of Utah agrees— 
PUBLIC LAW 101-519—NOV. 5, 1990 
104 STAT. 2249 
(i) to maintain and operate, as provided in paragraph (2), 
the Army chapel and other historical buildings located on 
the land referred to in subparagraph (A); and 
(ii) to preserve and maintain, as provided in paragraph 
(2), the parade grounds that are a part of the land referred 
to in subparagraph (A). 
(2) The Army museum, Army chapel, and other historical build-
ings referred to in paragraph (1) shall be maintained and operated, 
and the parade grounds referred to in that paragraph shall be 
preserved and maintained, in a manner consistent with Federal 
laws and regulations pertaining to the preservation of historical 
sites, buildings, and monuments, as specified by the Secretary of the 
Interior. 
(d) REVERSIONARY RIGHT.—If the University of Utah uses the land 
conveyed pursuant to subsection (a) for other than educational or 
research purposes, all right, title, and interest in and to such land 
shall automatically revert to the United States and the United 
States shall have the right of immediate entry thereon. 
(e) DEADLINE FOR CONVEYANCE.—The conveyance under subsec-
tion (a) shall be made not later than one year after the date of the 
enactment of this section. 
(f) JOINT USE OF UTILITY SYSTEMS.—The Secretary may enter into 
an agreement with the University of Utah under which the Army 
and the University would— 
(1) jointly use the existing utility systems located at Fort 
Douglas at the time of the conveyance provided for under 
subsection (a); 
(2) equitably share the cost of maintaining, operating, and 
replacing (as necessary) the systems; and 
(3) pay on a pro rata basis for the utilities consumed by each 
of the parties. 
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
re-
quire such additional terms and conditions in connection with the 
conveyance provided for under subsection (a) as the Secretary 
considers necessary to protect the interests of the United States. 
(h) ADDITIONAL EXCESS LAND.—In the event that any lands con-
stituting Fort Douglas, Utah, that are not conveyed pursuant to 
subsection (a) are declared excess to the needs of the Army after the 
date of the conveyance provided for in that subsection, the Secretary 
shall convey such lands to the University of Utah. Any l a n ^ 
conveyed pursusmt to this subsection shall be conveyed subject to a 
reversionary clause in favor of the United States as provided in 
subsection (d). 
Historical 
preservation. 
Federal 
buildings and 
facilities. 
PAYMENT OF CLAIMS BY UNITED STATES NATIONALS AGAINST IRAQ 
SEC. 131. (a) Notwithstanding any other provision of law, the 
President is authorized— 
(1) to vest title in a portion of the property in which trans-
actions have been blocked pursuant to Executive Order 12722 of 
August 3,1990, which portion shall be equal to the total amount 
of obligations owed to United States Government (including the 
Department of Agriculture and the Commodity Credit Corpora-
tion) and United States nationals for which Iraq has suspended 
repayment; and 
(2) to liquidate such property and pay United States creditors 
the amount of the obligations referred to under paragraph (1). 
50 u s e 1701 
note. 
39-194 O - 91 - 29 : QL 3 Part 3 
104 STAT. 2250 
PUBLIC LAW 101-519—NOV. 5, 1990 
(b) In the event that property liquidated under subsection (aX2) is 
less than the total amount of obligations described in subsection 
(a)(1), then obligations the repayment of which is guaranteed by the 
Commodity Credit Corporation shall be given priority in payment of 
creditors. 
ANTITERRORISM ACT OF 1990 
Antiterrorism 
SEC. 132. (a) SHORT TITLE.—This section may be cited as the 
fs ufc 2331 
"Antiterrorism Act of 1990". 
note. 
(b) TERRORISM.—Chapter 113A of title 18, United States Code, is 
amended— 
(1) in section 2331 by striking subsection (d) and redesignating 
subsection (e) as subsection (d); 
(2) by redesignating section 2331 as 2332 and striking the 
caption for section 2331 and inserting the following: 
"§ 2332. Criminal penalties"; 
(3) by inserting before section 2332 as redesignated the follow-
ing: 
"§ 2331. Defmitions 
"As used in this chapter— 
"(1) the term 'international terrorism' meeins activities that— 
"(A) involve violent acts or acts dsmgerous to human life 
that are a violation of the criminal laws of the United 
States or of any State, or that would be a criminsil violation 
if committed within the jurisdiction of the United States or 
of any State; 
"(B) appear to be intended— 
"(i) to intimidate or coerce a civilian population; 
"(ii) to influence the policy of a government by 
intimidation or coercion; or 
"(iii) to affect the conduct of a government by assas-
sination or kidnapping; and 
"(C) occur primarily outside the territorial jurisdiction of 
the United States, or transcend national boundaries in 
terms of the means by which they are accomplished, the 
persons they appear intended to intimidate or coerce, or the 
locale in which their perpetrators operate or seek asylum; 
"(2) the term 'national of the United States' has the meaning 
given such term in section 101(a)(22) of the Immigration and 
Nationality Act; 
"(3) the term 'person' means any individual or entity capable 
of holding a legal or beneficial interest in property; and 
"(4) the term 'act of war' means any act occurring in the 
course of— 
"(A) declared war; 
"(B) armed conflict, whether or not war has been 
declared, between two or more nations; or 
"(C) armed conflict between military forces of any 
origin."; 
(4) by adding immediately after section 2332 £is redesignated 
the following new sections: 
PUBLIC LAW 101-519—NOV. 5, 1990 
104 STAT. 2251 
"§ 2333. Civil remedies 
"(a) ACTION AND JURISDICTION,—Any national of the United States 
injured in his person, property, or business by reason of an act of 
international terrorism, or his estate, survivors, or heirs, may sue 
therefor in any appropriate district court of the United States and 
shall recover threefold the damages he sustains and the cost of the 
suit, including attorney's fees. 
"(b) ESTOPPED UNDER UNITED STATES LAW.—A final judgment or 
decree rendered in favor of the United States in any criminal 
proceeding under section 1116, 1201, 1203, or 2382 of this title or 
section 1472 (i), (k), (1), (n), or (r) of title 49 App. shall estop the 
defendant from denying the essential allegations of the criminal 
offense in any subsequent civil proceeding under this section. 
"(c) ESTOPPED UNDER FOREIGN LAW.—^A final judgment or decree 
rendered in favor of any foreign state in any criminal proceeding 
shall, to the extent that such judgment or decree may be accorded 
full faith and credit under the law of the United States, estop the 
defendant from denying the essential allegations of the criminal 
offense in any subsequent civil proceeding under this section. 
"§ 2334. Jurisdiction and venue 
"(a) GENERAL VENUE.—Any civil action under section 2333 of this 
title against any person may be instituted in the district court of the 
United States for any district where any plaintiff resides or where 
any defendant resides or is served, or has an agent. Process in such a 
civil action may be served in any district where the defendant 
resides, is found, or has an agent. 
"(b) SPECIAL MARITIME OR TERRITORIAL JURISDICTION.—If the 
actions giving rise to the claim occurred within the special maritime 
and territorial jurisdiction of the United States, as defined in section 
7 of this title, then any civil action under section 2333 of this title 
against any person may be instituted in the district court of the 
United States for any district in which any plaintiff resides or the 
defendant resides, is served, or has an agent. 
"(c) SERVICE ON WITNESSES.—A witness in a civil action brought 
under section 2333 of this title may be served in any district where • 
the witness resides, is found, or has an agent. 
"(d) CONVENIENCE OF THE FORUM.—The district court shall not 
dismiss any action brought under section 2333 of this title on the 
grounds of the inconvenience or inappropriateness of the forum 
chosen, unless— 
"(1) the action may be maintained in a foreign court that has 
jurisdiction over the subject matter and over all the defendants; 
"(2) that foreign court is significantly more convenient and 
appropriate; and 
^ 
'(3) that foreign court offers a remedy which is substantially 
the same as the one available in the courts of the United States. 
"§ 2335. Limitation of actions 
"(a) IN GENERAL.—Subject to subsection (b), a suit for recovery of 
damages under section 2333 of this title shall not be maintained 
unless commenced within 3 years from the date the cause of action 
accrued. 
"(b) CALCULATION OF PERIOD.—The time of the absence of the 
defendant from the United States or from any jurisdiction in which 
the same or a similar action arising from the same facts may be 
104 STAT. 2252 
PUBLIC LAW 101-519—NOV. 5, 1990 
maintained by the plaintiff, or any concealment of his whereabouts, 
shall not be reckoned within this period of limitation. 
"§ 2336. Other limitations 
"No action shall be maintaiined under section 2333 of this title for 
injury or loss by reason of an act of war. 
"§ 2337. Suits against government offlclals 
"No action shall be maintained under section 2333 of this title 
against— 
"(1) the United States, an agency of the United States, or an 
officer or employee of the United States or any agency thereof 
acting within his official capacity or under color of legal author-
ity; or 
"(2) a foreign state, an agency of a foreign state, or an officer 
or employee of a foreign state or an agency thereof acting 
within his. official capacity or under color of legal authority. 
*'§ 2338. Exclusive Federal jurisdiction 
Couj^- 
"The district courts of the United States shall have exclusive 
jurisdiction over an action brought under this chapter."; and 
(5) by amending the table of sections to read as follows: 
"CHAPTER 113A—TsaiRORiSM 
"Sec. 
"2331. Definitions. 
"2332. Criminal penjilties. 
"2333. Civil remedies. 
"2334. Jurisdiction and venue. 
"2335. Limitation of actions. 
"2336. Other limitations. 
"2337. Suits ageiinst government officials. 
"2338. Exclusive Federal jurisdiction.". 
(c) TABLE OF CONTENTS.—The table of contents of part 1, title 18, 
United States Code, is amended by striking: 
"USA. Extraterritorial jurisdiction over terrorist acts abroad against 
United States nationals 
2331." 
and inserting in lieu thereof: 
"113A. Terrorism 
2331.". 
PUBLIC LAW 101-519—NOV. 5, 1990 
104 STAT. 2253 
(d) EFFECTIVE DATE.—This section and the amendments made by 
18 use 2331 
this section shall apply to any pending case and any cause of action 
arising on or after 3 years before the date of enactment of this 
section. 
This Act may be cited as the "Military C!onstruction Appropria-
tions Act, 1991". 
Approved November 5, 1990. 
LEGISLATIVE HISTORY—H.R. 5313: 
HOUSE REPORTS: No. 101-608 (Comm. on Appropriations) and No. 101-888 (Coram. 
of Ckjnference). 
SENATE REPORTS: No. 101-410 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
July 30, considered and passed House. 
Oct. 1, considered and passed Senate, amended. 
Oct. 19, House agreed to conference report; receded and concurred in certain 
Senate amendment, in others with amendments; and disagreed to certain 
others. 
Oct. 27, Senate agreed to conference report; concurred in certain House 
amendments; and receded from its amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 5, Presidential statement.