Military Construction Appropriation Act, 1983
PL 97-323 (H.R.6968), enacted 10/15/1982

PUBLIC LAW 97-323—OCT. 15, 1982 
96 STAT. 1591 
Public Law 97-323 
97th Congress 
An Act 
Making appropriations for military construction for the Department of Defense for 
the fiscal year ending September 30, 1983, 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, 
1983, for military construction functions administered by the 
Department of Defense, and for other purposes, namely: 
MILITARY CONSTRUCTION, ARMY 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, 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, $929,720,000, to remain available 
until September 30, 1987: Provided, That of this amount, not to 
exceed $145,240,000 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: And provided further. That $8,000,000 of the funds 
available for planning and design shall be available only for the 
design of the renovation of and addition to Brooke Army Medical 
Center at Fort Sam Houston, Texas. 
MILITARY 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, $1,080,750,000, to remain available until September 30, 
1987: Provided, That of this amount, not to exceed $111,792,000 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. 
MiuTARY CONSTRUCTION, A I R F O R C E 
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, 
$1,551,414,000, to remain available until September 30, 1987: Pro-
Oct. 15, 1982 
[H.R. 6968] 
Military 
Construction 
Appropriation 
Act, 1983. 
Notification to 
congressional 
committees. 
Notification to 
congressional 
committees. 
96 STAT. 1592 
PUBLIC LAW 97-323—OCT. 15, 1982 
Notification to 
congressional 
committees. 
Notification to 
congressional 
committees. 
vided. That of this amount, not to exceed $120,000,000 shall be 
available for study, planning, design, architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense deter-
mines that additions obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of his determination and the reasons therefor. 
MiuTARY CONSTRUCTION, DEFENSE AGENCIES 
(INCLUDING TRANSFER OF FUNDS) 
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, $389,770,000, to remain available until September 30,1987, and, 
in addition, not to exceed $20,000,000 to be derived by transfer from 
the appropriation "Research, development, test, and evaluation. 
Defense Agencies" as determined by the Secretary of Defense, to be 
merged with and to be available for the same purposes, and for the 
same time period, as this appropriation: Provided, That such 
amounts of this appropriation as may be determined by the Secre-
tary 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 appro-
priated, not to exceed $14,500,000 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. 
NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE 
For the United States share of the cost of multilateral programs 
for the acquisition or construction of military facilities and installa-
tions (including international military headquarters) for the collec-
tive defense of the North Atlantic Treaty Area as authorized in 
military construction Acts and section 2806 of title 10, United States 
Ante, p. 156. 
Codo, $325,000,000, to remain available until expended. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Army 
National Guard, and contribution therefor, as authorized by chapter 
1
0 use 2231 e
< 
133 of title 10, United States Code, as amended, and military 
*^9- 
construction authorization Acts, $54,958,000, to remain available 
until September 30,1987. 
MiuTARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Air 
National Guard, £ind contributions therefor, as authorized by chap-
PUBLIC LAW 97-323—OCT. 15, 1982 
96 STAT. 1593 
ter 133 of title 10, United States Code, as amended, and military lo use 2231 et 
construction authorization Acts, $127,900,000, to remain available ^^^ 
until September 30,1987. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Army 
Reserve as authorized by chapter 133 of title 10, United States Code, 
as 
amended, 
and 
military 
construction 
authorization 
Acts, 
$41,800,000, to remain available until September 30,1987. 
MILITARY CONSTRUCTION, NAVAL RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 133 of title 10, United States Code, as amended, and military 
construction authorization Acts, $25,200,000, to remain available 
until September 30,1987. 
MILITARY CONSTRUCTION, AIR FORCE RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 133 of title 10, United States 
Code, as amended, and military construction authorization Acts, 
$35,600,000, to remain available until September 30,1987. 
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, $127,791,000; for Operation and maintenance, 
$834,245,000; for debt payment, $43,184,000; in all, $1,005,220,000: 
Provided, That the amount provided for construction shall remain 
available until September 30,1987. 
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 
follows: for Construction, $98,991,000; for Operation and mainte-
nance, $604,516,000; for 
debt 
payment, 
$32,793,000; in 
all, 
$736,300,000: Provided, That the amount provided for construction 
shall remain available until September 30,1987. 
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 
96 STAT. 1594 
PUBLIC LAW 97-323—OCT. 15, 1982 
42 u s e 3374. 
Prior 
appropiations. 
Contracts. 
Service facilities. 
Motor vehicles. 
31 u s e 638f. 
Access roads, 
construction. 
31 u s e 700b. 
payment, leasing, minor construction, principal and interest 
charges, and insurance premiums, as authorized by law, as follows: 
for Construction, $110,904,000; for Operation and maintenance, 
$722,153,000; for debt payment, $64,114,000; in all, $897,171,000: 
Provided, That the amount provided for construction shall remain 
available until September 30,1987. 
FAMILY HOUSING, DEFENSE AGENCIES 
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, including debt payment, leasing, minor construction, princi-
pal and interest charges, and insurance premiums, as authorized by 
law, as follows: for Construction, $513,000; for Operation and main-
tenance, $13,800,000; in all, $14,313,000: Provided, That the amount 
provided for construction shall remain available until September 30, 
1987. 
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), 
$2,000,000. 
GENERAL PROVISIONS 
SEC. 101. Funds appropriated to the Department of Defense for 
construction in prior years are hereby made available for construc-
tion authorized for each such department by the authorizations 
enacted into law during the second session of the Ninety-seventh 
Congress. 
SEC. 102. 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 
therefor. 
SEC. 103. None of the funds appropriated in this Act shall be used 
for the construction, replacement, or reactivation of any bakery, 
laundry, or drycleaning facility in the United States, its territories, 
or possessions, as to which the Secretary of Defense does not certify, 
in writing, giving his reasons therefor, that the services to be 
furnished by such facilities are not obtainable from commercial 
sources at reasonable rates. 
SEC. 104. Funds herein appropriated to the Department of Defense 
for construction shall be available for hire of passenger motor 
vehicles. 
SEC. 105. 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. 
PUBLIC LAW 97-323—OCT. 15, 1982 
96 STAT. 1595 
SEC. 106. 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. 107. 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. 108. 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. 109. 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. 110. None of the funds appropriated or otherwise made 
available under this Act shall be obligated or expended in connec-
tion with any base realignment or closure activity, until all terms, 
conditions and requirements of the National Environmental Policy 
Act have been complied with, with respect to each such activity. 
SEC. 111. 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. 112. 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 
bid of a United States contractor does not exceed the lowest respon-
sive bid of a foreign contractor by greater than 20 per centum. 
SEC. 113. No part of the funds appropriated in this Act may be 
obligated for design of any site-specific facilities for the MX missile 
system until all terms, conditions, and requirements of the National 
Environmental Policy Act (42 U.S.C. 4332) are met. 
SEC. 114. 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. 115. No part of the funds appropriated in this Act may be 
used to pay the compensation of an officer of the Government of the 
United States or to reimburse a contractor for the employment of a 
person for work in the continental United States by any such person 
if such person is an alien who has not been lawfully admitted to the 
United States. 
SEC. 116. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public inspec-
tion, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law. 
SEC. 117. Notwithstanding any other provision of law, any funds 
appropriated to a military department or defense agency for the 
New bases. 
Land purchases 
or easements. 
Family housing. 
Notification to 
Committees on 
Appropriations. 
Base 
realignment or 
closure 
activities. 
42 u s e 4321 
note. 
Steel 
procurement. 
Indian Ocean 
dredging. 
MX missile 
facilities, design. 
Foreign real 
property taxes. 
Illegal alien, 
employment. 
Consulting 
service 
contracts. 
96 STAT. 1596 
PUBLIC LAW 97-323—OCT. 15, 1982 
Transfer of 
funds. 
42 u s e 1594a-l. 
Fuel-fired 
electric power 
generating 
plant, 
construction. 
Ante, p. 171. 
Ante, p. 1553. 
Fort DeRussy, 
Honolulu, 
Hawaii. 
Short title. 
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 
amount appropriated for such projects, plus any amount by which 
the cost of such project is increased pursuant to law. 
SEC. 118. Unexpended balances in the Family Housing Manage-
ment Account established pursuant to section 501(a) of Public Law 
87-554 shall be transferred to the appropriations for Family Hous-
ing provided in this Act, as determined by the Secretary of Defense, 
based on the purposes for which originally appropriated, and shall 
remain available for obligation for the same period as such funds 
were available before such transfer is made, except for funds avail-
able for debt payment, which shall remain available until September 
30,1983. 
SEC. 119. Pursuant to 10 U.S.C. 2394 and section 201 of the 
Military Construction Authorization Act, 1983, the Navy is author-
ized (a) to construct and operate a refuse derived fuel-fired electric 
power generating plant and Qa) to contract for fuel supplies at the 
Norfolk Naval Shipyard (NNSY). Any electric power and fuel sup-
plies produced in excess of the needs of the Navy may be sold: 
Provided, however, That any proceeds from such sales, adjusted for 
costs related thereto, shall be credited to the Treasury as miscella-
neous receipts. 
SEC. 120. None of the funds appropriated in this Act may be 
obligated or expended in any way for the express purpose of the sale, 
lease, or rental of any portion of land currently identified as Fort 
DeRussy, Honolulu, Hawaii. 
This Act may be cited as the "Military Construction Appropri-
ation Act, 1983". 
Approved October 15, 1982. 
LEGISLATIVE HISTORY—H.R. 6968: 
HOUSE REPORTS: No. 97-726 (Ckimm. on Appropriations) and No. 97-913 (Comm. of 
Conference). 
SENATE REPORT No. 97-572 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Aug. 19, considered and passed House. 
Sept. 27, considered and passed Senate, amended. 
Oct. 1, House agreed to conference report; receded from certain amendments 
and concurred in others with amendments; Senate agreed to conference 
report; concurred in House amendments.