Military Construction Codification Act
PL 97-214 (H.R.6451), enacted 07/12/1982

PUBLIC LAW 97-214—JULY 12, 1982 
96 STAT. 153 
Public Law 97-214 
97th Congress 
An Act 
To amend title 10, United States Code, to revise and codify the permanent provisions 
of law relating to military construction and military family housing. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. 
SHORT TITLE 
SECTION 1. This Act may be cited as the 
Codification Act". 
'MiUtary Construction 
July 12, 1982 
[H.R. 6451P 
Military Con-
struction Codifi-
cation Act. 
10 u s e 2801 
note. 
ENACTMENT OF MIUTARY CONSTRUCTION CHAPTER IN TITLE 10 AND 
TRANSFER OF RELATED PROVISIONS INTO THAT CHAPTER 
SEC. 2. (a) Title 10, United States Code, is amended by adding at 
the end of subtitle A the following new chapter: 
"CHAPTER 169—MILITARY CONSTRUCTION AND 
MILITARY FAMILY HOUSING 
"Subchapter 
Sec. 
"I. Military Construction 
2801 
"11. Military Family Housing 
2821 
"III. Administration of Military Construction and Military Family 
2851 
Housing. 
"SUBCHAPTER I—MILITARY CONSTRUCTION 
"Sec. 
"2801. Scope of chapter; definitions. 
"2802. Military construction projects. 
"2803. Emergency construction. 
"2804. Contingency construction. 
"2805. Unspecified minor construction. 
"2806. Contributions for North Atlantic Treaty Organization Infrastructure. 
"2807. Architectural and engineering services and construction design. 
"2808. Construction authority in the event of a declaration of war or national 
emergency. 
"§ 2801. Scope of chapter; definitions 
"(a) The term 'military construction' as used in this chapter or 
any other provision of law includes any construction, development, 
conversion, or extension of any kind carried out with respect to a 
military installation. 
"(b) A military construction project includes all military construc-
tion work, or any contribution authorized by this chapter, necessary 
to produce a complete and usable facility or a complete and usable 
improvement to an existing facility (or to produce such portion of a 
complete and usable facility or improvement as is specifically 
authorized by law). 
"(c) In this chapter: 
96 STAT. 154 
PUBLIC LAW 97-214—JULY 12, 1982 
"(1) 'Facility' means a building, structure, or other improve-
ment to real property. 
"(2) 'Military installation' means a base, camp, post, station, 
yard, center, or other activity under the jurisdiction of the 
Secretary of a military department or, in the case of an activity 
in a foreign country, under the operational control of the Secre-
tary of a military department or the Secretary of Defense. 
(S) 'Secretary concerned' includes the Secretary of Defense 
with respect to matters concerning the defense agencies. 
"(4) 'Appropriate committees of Congress' means the Commit-
tees on Armed Services and on Appropriations of the Senate 
and House of Representatives. 
"(d) This chapter does not apply to the Coast Guard or to civil 
works projects of the Army Corps of Engineers. 
"§ 2802. Military construction projects 
"(a) The Secretary of Defense and the Secretaries of the military 
departments may carry out such military construction projects as 
are authorized by law. 
"(b) Authority provided by law to carry out a military construc-
tion project includes authority for— 
"(1) surveys and site preparation; 
"(2) acquisition, conversion, rehabilitation, and installation of 
facilities; 
"(3) acquisition and installation of equipment and appurte-
nances integral to the project; 
"(4) acquisition and installation of supporting facilities 
(including utilities) and appurtenances incident to the project; 
and 
"(5) planning, supervision, administration, and overhead inci-
dent to the project. 
"§ 2803. Emergency construction 
"(a) Subject to subsections (b) and (c), the Secretary concerned may 
carry out a military construction project not otherwise authorized 
by law if the Secretary determines (1) that the project is vital to the 
national security, and (2) that the requirement for the project is so 
urgent that deferral of the project for inclusion in the next Military 
Construction Authorization Act would be inconsistent with national 
security. 
Report to con- 
"(b) When a decision is made to carry out a military construction 
fy^t!i£r^^ ^°^' 
project under this section, the Secretary concerned shall submit a 
"" "°" 
report in writing to the appropriate committees of Congress on that 
decision. Each such report shall include (1) the justification for the 
project and the current estimate of the cost of the project, (2) the 
justification for carrying out the project under this section, and (3) a 
statement of the source of the funds to be used to carry out the 
project. The project may then be carried out only after the end of 
the 21-day period beginning on the date the notification is received 
by such committees, or after each such committee has approved the 
project, if the committees approve the project before the end of that 
period. 
"(cXD The maximum amount that the Secretary concerned may 
obligate in any fiscal year under this section is $30,000,000. 
"(2) A project carried out under this section shall be carried out 
within the total amount of funds appropriated for military construc-
tion that have not been obligated. 
mittees. 
PUBLIC LAW 97-214—JULY 12, 1982 
96 STAT. 155 
"§ 2804. Contingency construction 
"(a) Within the amount appropriated for such purpose, the Secre-
tary of Defense may carry out a military construction project not 
otherwise authorized by law, or may authorize the Secretary of a 
military department to carry out such a project, if the Secretary of 
Defense determines that deferral of the project for inclusion in the 
next Military Construction Authorization Act would be inconsistent 
with national security or national interest. 
"(b) When a decision is made to carry out a military construction 
project under this section, the Secretary of Defense shall submit a 
report in writing to the appropriate committees of Congress on that 
decision. Each such report shall include (1) the justification for the 
project and the current estimate of the cost of the project, and (2) the 
justification for carr3dng out the project under this section. The 
project may then be carried out only after the end of the 21-day 
period beginning on the date the notification is received by such 
committees, or after each such committee has approved the project, 
if the committees approve the project before the end of that period. 
"§ 2805. Unspecified minor construction 
"(a) Within the amount authorized by law for such purpose, the 
Secretary concerned may carry out minor military construction 
projects not otherwise authorized by law. A minor military construc-
tion project is a military construction project (1) that is for a single 
undertaking at a military installation, and (2) that has an approved 
cost equal to or less than the amount specified by law as the 
maximum amount for a minor military construction project. 
"(b)(1) A minor military construction project costing more than 50 
percent of the amount specified by law as the maximum amount for 
a minor military construction project may not be carried out under 
this section unless approved in advance by the Secretary concerned. 
"(2) When a decision is made to carry out a minor military 
construction project to which paragraph (1) is applicable, the Secre-
tary concerned shall notify in writing the appropriate committees of 
Congress of that decision, of the justification for the project, and of 
the estimated cost of the project. The project may then be carried 
out only (A) after the end of the 21-day period beginning on the date 
the notification is received by the committees, or (B) after each such 
committee approves the project, if the committees approve the 
project before the end of that period. 
"(3) A project for the relocation of any activity from one installa-
tion to another that involves 25 or more full-time civilian employees 
of the Department of Defense but that is not subject to paragraph (1) 
may not be carried out under the authority of this section until the 
appropriate committees of Congress have been notified by the Secre-
tary concerned of the intent to carry out such relocation under the 
authority of this section. 
"(c) Only funds authorized for minor construction projects may be 
used to accomplish unspecified minor construction projects, except 
that the Secretary concerned may spend from appropriations avail-
able for operation and maintenance amounts necessary to carry out 
an unspecified military construction project costing not more than 
20 percent of the amount specified by law as the maximum amount 
for a minor military construction project. 
Report to con-
gressional com-
mittees. 
Notification to 
congressional 
committees. 
96 STAT. 156 
PUBLIC LAW 97-214—JULY 12, 1982 
Report to con-
gressional com-
mittees. 
Notification to 
congressional 
committees. 
Report to con-
gressional com-
mittees. 
"(d) Military family housing projects for construction of new 
housing units may not be carried out under the authority of this 
section. 
*'§2806. Contributions for North Atlantic Treaty Organization 
infrastructure 
"(a) Within amounts authorized by law for such purpose, the 
Secretary of Defense may make contributions for the United States 
share of the cost of multilateral programs for the acquisition and 
construction of military facilities and installations (including inter-
national military headquarters) for the collective defense of the 
North Atlantic Treaty Area. 
"(b) Funds may not be obligated or expended in connection with 
the North Atlantic Treaty Organization Infrastructure program in 
any year unless such funds have been authorized by law for such 
program. 
"(cXD The Secretary may make contributions in excess of the 
amount appropriated for contribution under subsection (a) if the 
amount of the contribution in excess of that amount does not exceed 
200 percent of the amount specified by law as the maximum amount 
for a minor military construction project. 
"(2) If the Secretary determines that the amount appropriated 
for contribution under subsection (a) in any fiscal year must be 
exceeded by more than the amount authorized under paragraph (1), 
the Secretary may make contributions in excess of such amount, but 
not in excess of 125 percent of the amount appropriated (A) after 
submitting a report in writing to the appropriate committees of 
Congress on such increase, including a statement of the reasons for 
the increase and a statement of the source of the funds to be used for 
the increase, and (B) after either a period of 21 days has elapsed 
from the date of receipt of the report or after each such committee 
has indicated approval of the increased contribution. 
"§ 2807. Architectural and engineering services and construction 
design 
"(a) Within amounts appropriated for such purposes, the Secre-
tary concerned may obtain architectural and engineering services 
and may carry out construction design in connection with military 
construction projects not otherwise authorized by law. Amounts 
available for such purposes may be used for construction manage-
ment of projects that are funded by foreign governments directly or 
through international organizations and for which elements of the 
armed forces of the United States are the primary user. 
"(b) In the case of architectural and engineering services and 
construction design to be undertaken under subsection (a) for which 
the estimated cost exceeds the maximum amount specified by law 
for the purposes of this section, the Secretary concerned shall notify 
the appropriate committees of Congress of the scope of the proposed 
project and the estimated cost of such services not less than 21 days 
before the initial obligation of funds for such services. 
"(c) If the Secretary concerned determines that the amount 
authorized for activities under subsection (a) in any fiscal year must 
be increased the Secretary may proceed with activities at such 
higher level (1) after submitting a report in writing to the appropri-
ate committees of Congress on such increase, including a statement 
of the reasons for the increase and a statement of the source of 
funds to be used for the increase, and (2) after either a period of 21 
PUBLIC LAW 97-214—JULY 12, 1982 
96 STAT. 157 
Notification to 
congressional 
committees. 
days has elapsed from the date of receipt of the report or after each 
such committee has indicated approval of the increased level of 
activity. 
"§ 2808. Construction authority in the event of a declaration of war 
or national emergency 
"(a) In the event of a declaration of war or the declaration by the 
President of a national emergency in accordance with the National 
Emergencies Act (50 U.S.C. 1601 et seq.) that requires use of the 
armed forces, the Secretary of Defense, without regard to any other 
provision of law, may undertake military construction projects, and 
may authorize the Secretaries of the military departments to under-
take military construction projects, not otherwise authorized by law 
that are necessary to support such use of the armed forces. Such 
projects may be undertaken only within the total amount of funds 
that have been appropriated for military construction, including 
funds appropriated for family housing, that have not been obligated. 
"(b) When a decision is made to undertake military construction 
projects authorized by this section, the Secretary of Defense shall 
notify the appropriate committees of Congress of the decision and of 
the estimated cost of the construction projects, including the cost of 
any real estate action pertaining to those construction projects. 
"(c) The authority described in subsection (a) shall terminate with Termination. 
respect to any war or national emergency at the end of the war or 
national emergency. 
"SUBCHAPTER II—MILITARY FAMILY HOUSING 
"Sec. 
"2821. Requirement for authorization of appropriations for construction and acquisi-
tion of military family housing. 
"2822. Requirement for authorization of number of family housing units. 
"2823. Determination of availability of suitable alternative housing for acquisition 
in lieu of construction of new family housing. 
"2824. Authorization for acquisition of existing family housing in lieu of construc-
tion. 
"2825. Improvements to family housing units. 
"2826. Limitations on space by pay grade. 
"2827. Relocation of military family housing units. 
"2828. Leasing of military family housing. 
"2829. Multi-year contracts for supplies and services. 
"2830. Occupancy of substandard family housing units. 
"2831. Military family housing management account. 
"2832. Homeowners assistance program. 
"§ 2821. Requirement for authorization of appropriations for con-
struction and acquisition of military family housing 
"(a) Except as provided in subsection (b), funds may not be 
appropriated for the construction, acquisition, leasing, addition, 
extension, expansion, alteration, relocation, or operation and main-
tenance of family housing under the jurisdiction of the Department 
of Defense unless the appropriation of such funds has been authorized 
by law. 
"(b) In addition to the funds authorized to be appropriated by law 
in any fiscal year for the purposes described in subsection (a), there 
are authorized to be appropriated such additional sums as may be 
necessary for increases in salary, pay, retirement, and other 
employee benefits authorized by law for civilian employees of the 
Department of Defense whose compensation is provided for by funds 
appropriated for the purposes described in such paragraph. 
Additional au-
thorization. 
96 STAT. 158 
PUBLIC LAW 97-214—JULY 12, 1982 
"(c) Amounts authorized by law for construction of military family 
housing units include amounts for (1) site preparation (including 
demolition), (2) installation of utilities, (3) ancillary supporting facili-
ties, (4) shades, screens, ranges, refrigerators, and all other equip-
ment and Hxtures installed in such units, and (5) construction 
supervision, inspection, and overhead. 
"§ 2822. Requirement for authorization of number of family hous-
ing units 
"(a) Except as otherwise provided in subsection (b) or as otherwise 
authorized by law, the Secretary concerned may not construct or 
acquire military family housing units unless the number of units to 
be constructed or acquired has been specifically authorized by law. 
"(b) Subsection (a) does not apply to the following: 
"(1) Housing units acquired under section 404 of the Housing 
Amendments of 1955 (42 U.S.C. 1594a). 
Post, p. 161. 
"(2) Housing units leased under section 2828 of this title. 
"(3) Housing units acquired under the Homeowners Assist-
ance Program referred to in section 2833 of this title. 
"§ 2823. Determination of availability of suitable alternative hous-
ing for acquisition in lieu of construction of new family 
housing 
"(a) Before entering into a contract for the construction of family 
housing units authorized by law to be constructed at a location 
within the United States, the Secretary concerned shall consult in 
writing with the Secretary of Housing and Urban Development as to 
the availability of suitable alternative housing at such location. The 
Secretary of Housing and Urban Development shall advise the 
Secretary concerned in writing as to the availability of such hous-
ing. If the Secretary of Housing and Urban Development does not 
advise the Secretary concerned as to the availability of such housing 
within 21 days of the date on which the request for such advice is 
made, the Secretary concerned may enter into a contract for the 
proposed construction. 
"(b) If the Secretary concerned and the Secretary of Housing and 
Urban Development disagree with respect to the availability of 
suitable alternative housing at any location, the Secretary con-
cerned shall notify the appropriate committees of Congress, in 
writing, of the disagreement, of the Secretary's decision to proceed 
with the construction, and of the justification for proceeding with 
the construction. A contract for construction of family housing units 
at such location may not then be entered into until the end of the 
21-day period beginning on the date such committees receive the 
notification. 
"(c) If the Secretary concerned and the Secretary of Housing and 
Urban Development agree that suitable alternative housing is avail-
able at a location at which military family housing units are author-
ized to be constructed, the Secretary may not proceed with such 
construction. 
Regulations. 
"(d) The Secretary of Defense shall prescribe regulations to define 
what constitutes suitable alternative housing for the purposes of 
this section. 
Notification to 
congressional 
committees. 
PUBLIC LAW 97-214—JULY 12, 1982 
96 STAT. 159 
"§ 2824. Authorization for acquisition of existing family housing in 
lieu of construction 
"(a) In lieu of constructing any family housing units authorized by 
law to be constructed, the Secretary concerned may acquire sole 
interest in existing family housing units that are privately owned or 
that are held by the Department of Housing and Urban Develop-
ment, except that in foreign countries the Secretary concerned may 
acquire less than sole interest in existing family housing units. 
"(b) When authority provided by law to construct military family 
housing units is used to acquire existing family housing units under 
subsection (a), the authority includes authbrity to acquire interests 
in land. 
"(c) The net floor area of a family housing unit acquired under the 
authority of this section may not exceed the applicable limitation 
specified in section 2826 of this title. 
"(d) Family housing units may not be acquired under this section 
through the exercise of eminent domain authority. 
"§ 2825. Improvements to family housing units 
"(a)(1) Authority provided by law to improve existing military 
family housing units and ancillary family housing support facilities 
is authority to make alterations, additions, expansions, and exten-
sions. 
"(2) In this section, 'improvement' includes rehabilitation of a 
housing unit and maintenance or repair work to be accomplished 
concurrently with an improvement project. 
"(b)(1) Funds may not be expended for the improvement of any 
single family housing unit, or for the improvement of two or more 
housing units that are to be converted into or are to be used as a 
single family housing unit, if the cost per unit of such improvement 
will exceed an amount specified by law for such purpose multiplied 
by the area construction cost index as developed by the Department 
of Defense for the location concerned at the time of contract award. 
"(2) In determining the applicability of the limitation contained in 
paragraph (1), there shall be included as part of the cost of the 
improvement the cost of repairs undertaken in connection with the 
improvement and any cost in connection with (A) the furnishing of 
electricity, gas, water and sewage disposal, (B) the construction or 
repair of roads and walks, and (C) grading and drainage work. 
"(c) This section does not apply to projects authorized for restora-
tion or replacement of housing units that have been damaged or 
destroyed. 
"§ 2826. Limitations on space by pay grade 
"(a) In the construction, acquisition, and improvement of military 
family housing units, the following are the space limitations for the 
applicable numbers of bedrooms permitted for each pay grade: 
Land interests. 
Infra. 
'Improvement.' 
Limitations. 
Pay grade 
Number 
of 
bedrooms 
Net floor area 
(square feetl 
0-7 
and 
above 
4 
0-6 
4 
0-4 
and 
0-5 
4 
3 
0-1 
through 0-3; 
W-1 through W-4; 
and 
E-7 
through 
E-9 
5 
2,100 
1,700 
1,550 
1,400 
1,550 
96 STAT. 160 
PUBLIC LAW 97-214—JULY 12, 1982 
Pay grade 
Number 
of 
bedrooms 
Net floor area 
(square feeti 
E-1 through E-6. 
4 
3 
2 
5 
4 
3 
2 
1,450 
1,350 
950 
1,550 
1,350 
1,200 
950 
Waiver. 
Civilian person-
nel. 
'Net floor area." 
Notification to 
congressional 
committees. 
"(b) The applicable maximum net floor area prescribed by subsec-
tion (a) may be increased by 10 percent for the housing unit of an 
officer holding a special command position (as designated by the 
Secretary of Defense), for the housing unit of the commanding 
officer of a military installation, and for the senior noncommis-
sioned officer of a military installation. 
"(c) The maximum net floor area prescribed by subsection (a) may 
be increased in any case by 5 percent if the Secretary concerned 
determines that the increase is in the best interest of the Govern-
ment (1) to permit award of a turnkey construction contract to the 
contractor offering the most satisfactory proposal, or (2) to permit 
purchase, lease, or conversion of housing units. An increase in the 
maximum net floor area of a housing unit under subsection (b) when 
combined with an increase in the maximum net floor area of such 
unit under this subsection may not exceed 10 percent of the other-
wise applicable limitation prescribed by subsection (a). 
"(d)(1) The Secretary concerned may waive the provisions of sub-
section (a) with respect to a family housing unit leased in a foreign 
country if a suitable family housing unit within the applicable 
m£iximum net floor area prescribed by such subsection cannot be 
obtained. 
"(2) Subsection (a) does not apply to family housing units in 
foreign countries constructed or acquired by the Secretary of State 
for occupancy by members of the armed forces. 
"(e) The maximum net floor areas prescribed by this section apply 
to family housing provided to civilian personnel based upon civilian 
pay scale comparability with military pay grades, as determined by 
the Secretary of Defense. 
"(f) In this section, 'net floor area' means the total number of 
square feet of the floor space inside the exterior walls of a structure, 
excluding the floor area of an unfinished basement, an unfinished 
attic, a utility space, a garage, a carport, an open or insect-screened 
porch, a stairwell, and any space used for a solar-energy system. 
"§ 2827. Relocation of military family housing units 
"(a) Subject to subsection (b), the Secretary concerned may relo-
cate existing military family housing units from any location where 
the number of such units exceeds requirements for military family 
housing to any military installation where there is a housing short-
age. 
"(h) A contract to carry out a relocation of military family housing 
units under subsection (a) may not be awarded until (1) the Secre-
tary concerned has notified the appropriate committees of Congress 
of the proposed new locations of the housing units to be relocated 
and the estimated cost of and source of funds for the relocation, and 
PUBLIC LAW 97-214—JULY 12, 1982 
96 STAT. 161 
(2) a period of 21 days has elapsed after the notification has been 
received by those committees. 
*'§ 2828. Leasing of military family housing 
"(aXD Subject to paragraph (2), the Secretary of the military 
department concerned may lease housing facilities at or near a 
military installation in the United States, Puerto Rico, or Guam for 
assignment, without rental charge, as family housing to members of 
the Armed Forces and for assignment, with fair market rental 
charge, as family housing to civilian employees of the Department of 
Defense stationed at such installation. 
"(2) A lease may only be made under paragraph (1) if the Secre-
tary concerned finds that there is a shortage of adequate housing at 
or near such military installation and that— 
"(A) the requirement for such housing is temporary; 
"(B) leasing would be more cost effective than construction or 
acquisition of new housing; 
"(C) family housing is required for personnel attending serv-
ice school academic courses on permanent change of station 
orders; 
"(D) construction of family housing at such installation has 
been authorized by law but is not yet completed; or 
"(E) a military construction authorization bill pending in 
Congress includes a request for authorization of construction of 
family housing at such installation. 
"(b)(1) Not more than 10,000 family housing units may be leased 
at any one time under subsection (a). 
"(2) Except as provided in paragraph (3), expenditures for the 
rental of housing units under subsection (a) (including the cost of 
utilities, maintenance, and operation) may not exceed the amount 
specified by law as the maximum annual domestic family housing 
unit lease amount. 
"(3) Not more than 500 housing units may be leased under subsec-
tion (a) for which the expenditure for the rental of such units 
(including the cost of utilities, maintenance, and operation) exceeds 
the maximum annual domestic family housing unit lease amount 
but does not exceed 120 percent of that amount. 
"(c) The Secretary concerned may lease housing facilities in for-
eign countries for assignment, without rental charge, as family 
housing to members of the Armed Forces and for assignment, with 
or without rental charge, as family housing to civilian employees of 
the Department of Defense— 
"(1) under circumstances specified in clause (A), (B), (D), or (E) 
of subsection (aX2); 
"(2) for incumbents of special command positions (as deter-
mined by the Secretary of Defense); 
"(3) in countries where excessive costs of housing or other 
lease terms would cause undue hardship on Department of 
Defense personnel; and 
"(4) in countries that prohibit leases by individual military or 
civilian personnel of the United States. 
"(d) Leases of housing units in foreign countries under subsection 
(c) for assignment as family housing may be for any period not in 
excess of ten years, and the costs of such leases for any year may be 
paid out of annual appropriations for that year. 
"(eXD Expenditures for the rental of family housing in foreign 
countries (including the costs of utilities, maintenance, and oper-
Conditions. 
Foreign housing 
facilities; condi-
tions. 
Leasing period, 
limitation. 
Maximum letise 
amount. 
96 STAT. 162 
PUBLIC LAW 97-214—JULY 12, 1982 
Waiver. 
Notification to 
congressional 
committees. 
"Uniformed 
services." 
Transfer of 
funds. 
ation) may not exceed the amount specified by law as the maximum 
annual foreign family housing unit lease amount. That maximum 
lease amount may be waived by Secretary concerned with respect to 
not more than a total of 200 such units that are leased for incum-
bents of special positions or for personnel assigned to Defense 
Attache Offices or that are leased in countries where excessive costs 
of housing would cause undue hardship on Department of Defense 
personnel. 
"(2) The maximum number of family housing units that may be 
leased in foreign countries under this section at any one time shall 
be specified by law. 
"(f) A lease for family housing facilities, or for real property 
related to family housing facilities, in a foreign country for which 
the average estimated annual rental during the term of the lease 
exceeds the amount specified by law for such purpose may not be 
made under this section until (1) the Secretary concerned provides 
to the appropriate committees of Congress written notification of 
the facts concerning the proposed lease, and (2) a period of 21 days 
elapses after the notification is received by those committees. 
"§ 2829. Multi-year contracts for supplies and services 
"The Secretary concerned may make contracts for periods of up to 
four years for supplies and services for the management, mainte-
nance, and operation of military family housing and may pay the 
costs of such contracts for each year out of annual appropriations for 
that year. 
"§ 2830. Occupancy of substandard family housing units 
"(aXD A member of the uniformed services with dependents may, 
without loss of the member's basic allowance for quarters, occupy a 
substandard family housing unit under the jurisdiction of the Secre-
tary of a military department. 
* (2) Occupancy of a family housing unit under paragraph (1) shall 
be subject to a charge against the member's basic allowance for 
quarters in the amount of the fair rental value of the housing unit. 
However, such a charge may not be made in an amount in excess of 
75 percent of the amount of such allowance. 
"(b) Subject to regulations prescribed by the Secretary of Defense, 
the Secretary of a military department may lease substandard 
family housing units to members of any of the uniformed services 
for occupancy by such members. 
"(c) In this section, 'uniformed services' means the armed forces 
and the commissioned corps of the Public Health Service and of the 
National Oceanic and Atmospheric Administration. 
"§ 2831. Military family housing management account 
"(a) There is on the books of the Treasury an account known as 
the Department of Defense Military Family Housing Management 
Account (hereinafter in this section referred to as the 'account'). The 
account shall be used for the management and administration of 
funds appropriated or otherwise made available to the Department 
of Defense for military family housing programs. 
"(b) The account shall be administered as a single account. There 
shall be transferred into the account— 
"(1) appropriations made for the purpose of, or which are 
available for, the payment of costs arising in connection with 
the construction, acquisition, leasing, relocation, operation and 
PUBLIC LAW 97-214—JULY 12, 1982 
96 STAT. 163 
maintenance, and disposal of military family housing, including 
the cost of principal and interest charges, and insurance premi-
ums, arising in connection with the acquisition of such housing, 
and mortgage insurance premiums payable under section 222(c) 
of the National Housing Act (12 U.S.C. 1715m(c)); 
"(2) proceeds from the rental of family housing and mobile 
home facilities under the control of a military department, 
reimbursements from the occupants of such facilities for serv-
ices rendered (including utility costs), funds obtained from indi-
viduals as a result of losses, damages, or destruction to such 
facilities caused by the abuse or negligence of such individuals, 
and reimbursements from other Government agencies for 
expenditures from the account; and 
"(3) proceeds of the handling and the disposal of family 
housing of a military department (including related land and 
improvements), whether carried out by a military department 
or any other FedersJ agency, but less those expenses payable 
pursuant to section 204(b) of the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 485(b)). 
"(c) Amounts in the account shall remain available until spent. 
"(d) The Secretary concerned may make obligations against the 
account, in such amounts as may be specified from time to time in 
appropriation Acts, for the purpose of defra)dng, in the manner and 
to the extent authorized by law, the costs referred to in subsection 
(b). 
"§ 2832. Homeowners assistance program 
"The Secretary of Defense may exercise the authority provided in 
section 1013 of the Demonstration Cities and Metropolitan Develop-
ment Act of 1966 (42 U.S.C. 3374). 
"SUBCHAPTER III—ADMINISTRATION OF MILITARY 
CONSTRUCTION AND MILITARY FAMILY HOUSING 
"Sec. 
"2851. Supervision of military construction projects. 
"2852. Military construction projects: waiver of certain restrictions. 
"2853. Authorized cost variations. 
"2854. Restoration or replacement of damaged or destroyed facilities. 
"2855. Law applicable to contracts for architectural and engineering services and 
construction design. 
"2856. Limitations on barracks space by pay grade. 
"2857. Use of solar energy systems. 
"2858. Limitation on the use of funds for expediting a construction project. 
"2859. Transmission of annual military construction authorization request. 
"2860. Availability of appropriations for five years. 
"2861. Annual report to Congress. 
"§ 2851. Supervision of military construction projects 
"(a) Each contract entered into by the United States in connection 
with a military construction project or a military family housing 
project shall be carried out under the direction and supervision of 
the Secretary of the Army (acting through the Chief of Engineers), 
the Secretary of the Navy (acting through the Commander of the 
Naval Facilities Engineering Command), or such other department 
or Government agency £is the Secretary of Defense approves to 
assure the most efficient, expeditious, and cost-effective completion 
of the project. 
96 STAT. 164 
PUBLIC LAW 97-214—JULY 12, 1982 
"(b) A military construction project for an activity or agency of 
the Department of Defense (other than a military department) 
financed from appropriations for military functions of the Depart-
ment of Defense shall be accomplished by or through a military 
department designated by the Secretary of Defense. 
*'§ 2852. Military construction projects: waiver of certain restric-
tions 
"(a) The Secretary of Defense and^the Secretaries of the military 
departments may carry out authorized military construction proj-
ects and authorized military family housing projects without regard 
to section 3648 of the Revised Statutes (31 U.S.C. 529). 
"(b) Authority to carry out a military construction project or a 
military family housing project on land not owned by the United 
States may be exercised (1) before title to the land on which the 
project is to be carried out is approved under section 355 of the 
Revised Statutes (40 U.S.C. 255), and (2) even though the land is held 
temporarily. 
"§ 2853. Authorized cost variations 
"(aXD Except as provided in paragraph (2), the cost authorized for 
a military construction project (other than a project for which the 
approved amount is less than the amount specified by law as the 
maximum amount for a minor military construction project) may be 
increased by not more than 25 percent of the amount appropriated 
for the project by Congress or 200 percent of the amount specified by 
law as the maximum amount for a minor military construction 
project, whichever is lesser, if the Secretary concerned determines 
(A) that such an increase is required for the sole purpose of meeting 
unusual variations in cost, and (B) that such variations in cost could 
not have been reasonably anticipated at the time the project was 
originally approved by Congress. 
"(2) A military construction project (other than a project for which 
the approved amount is less than the amount speciHed by law as the 
maximum amount for a minor military construction project) may 
not be placed under contract if, based upon bids received— 
"(A) the scope of work for the project, as approved by Con-
gress, is proposed to be reduced by more than 25 percent; or 
"(B) the current working estimate of the cost of the project 
exceeds the amount appropriated for the project by more than 
(i) 25 percent, or (ii) 200 percent of the amount specified by law 
as the maximum amount for a minor military construction 
project, whichever is lesser, 
until subsection (d) is complied with. 
"(b) If the amount approved for a project is less than the amount 
specified by law as the maximum amount for a minor military 
construction project, that approved amount may be increased to 
more than such maximum amount if the Secretary concerned deter-
mines (1) that such an increase is required for the sole purpose of 
meeting unusual variations in cost, and (2) that such variations in 
cost could not have been reasonably anticipated at the time the 
project was originally approved. However, if, based upon bids 
received, the current working estimate of the cost of such a project 
is more than such maximum amount and is more than 125 percent 
of the original approved amount for the project, the project may not 
be placed under contract until subsection (d) is complied with. 
PUBLIC LAW 97-214—JULY 12, 1982 
96 STAT. 165 
"(c) The amount authorized by law for the cost of authorized 
construction and acquisition of a military family housing project 
may be increased above the amount appropriated for such project if 
the Secretary determines (1) that the increase is required for the 
sole purpose of meeting unforeseen variations in cost, and (2) that 
such variations in cost could not have been reasonably anticipated 
at the time the project was originally approved by Congress. How-
ever, such amount may not be increased by more than 25 percent 
until subsection (d) is complied with. 
"(d) The limitation on reduction in scope of work in subsection (a), 
and the limitations on cost increases in subsections (a), (b), and (c), 
do not apply if^ 
"(1) the reduction in scope of work or the increase in cost, as 
the case may be, is approved by the Secretary concerned; 
"(2) a written notification of the facts relating to the proposed 
reduced scope of work or increased cost (including a statement 
of the reasons therefor) is submitted by the Secretary concerned 
to the appropriate committees of Congress; and 
"(3) either 21 days have elapsed from the date of the submis-
sion of the notification under clause (2) or each of the appropri-
ate committees of Congress has indicated approval of the pro-
posed reduced scope of work or increased cost. 
"(e) After a contract for a project has been entered into, the 
Secretary concerned may carry out such project in an amount above 
the amount appropriated for such project by Congress in order to 
meet the costs of change orders or contractor claims. In the case of a 
contract to be carried out above the amount appropriated for which 
there has not been a cost variation under subsection (a), (b), (c), or 
(d), the Secretary concerned shall promptly report to the appropri-
ate committees of Congress on the revised cost for the project and 
the reasons for the revised cost if the total cost under the contract 
exceeds the amount appropriated for the project by more than 25 
percent. In the case of a contract to be carried out above the amount 
appropriated for which there has been a cost variation under subsec-
tion (a), (b), (c), or (d), the Secretary concerned shall promptly report 
to the appropriate committees of Congress on the revised cost for the 
project and the reasons for the revised cost, regardless of the 
amount by which the revised cost exceeds the amount approved for 
the project by the modification under subsection (a), (b), (c), or (d). 
*'§2854. Restoration or replacement of damaged or destroyed 
facilities 
"(a) Subject to subsection (b), the Secretary concerned may repair, 
restore, or replace a facility under his jurisdiction, including a 
family housing facility, that has been damaged or destroyed. 
"(b) When a decision is made to carry out construction under this 
section and the cost of the repair, restoration, or replacement is 
greater than the msiximum amount for a minor construction project, 
the Secretary concerned shall notify in writing the appropriate 
committees of Congress of that decision, of the justification for the 
project, of the current estimate of the cost of the project, of the 
source of funds for the project, and of the justification for carrsdng 
out the project under this section. The project may then be carried 
out only (1) after the end of the 21-day period beginning on the date 
the notification is received by such committees, or (2) after each 
such committee has approved the project, if the committees approve 
the project before the end of that period. 
Reports to con-
gressional com-
mittees. 
Notification of 
congressional 
committees. 
96 STAT. 166 
PUBLIC LAW 97-214—JULY 12, 1982 
Regulations. 
Submittal to 
congressional 
committees. 
*'§2855. Law applicable to contracts for architectural and engi-
neering services and construction design 
"Contracts for architectural and engineering services and con-
struction design in connection with a military construction project 
or a military femily housing project shall be awarded in accordance 
with title IX of the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 541 et seq.). 
"§ 2856. Limitations on barracks space by pay grade 
"(a) The Secretary of Defense shall prescribe regulations estab-
lishing the maximum allowable net square feet per occupant for 
new permanent barracks construction. Such regulations shall be 
uniform for the armed forces under the jurisdiction of the Secretary 
of a military department. 
"(b) Before taking effect, any regulations under this section, and 
any modifications to such regulations, shall be submitted to the 
appropriate committees of Congress. Such regulations (including 
any modifications to such regulations) may not then take effect until 
21 days after being received by such committees. 
"§ 2857. Use of solar energy systems 
"(a) The Secretary of Defense shall encourage the use of solar 
energy systems as a source of energy for military construction 
projects (including military family housing projects) where use of 
solar energy would be practical and economically feasible. 
"(bXD The Secretary concerned shall require that the design of all 
new facilities (including family housing) shall include consideration 
of solar energy systems in those cases in which use of solar energy 
has the potential for significant savings of fossil-fuel-derived energy. 
"(2) The Secretary concerned shall require that contracts for 
construction resulting from such design include a requirement that 
solar energy systems be installed if such systems can be shown to be 
cost effective. 
"(cXD For the purposes of this section, a solar energy system for a 
facility shall be considered to be cost effective if the difference 
between (A) the original investment cost of the energy system for 
the facility with a solar energy system, and (B) the original invest-
ment cost of the energy system for the facility without a solar 
energy system can be recovered over the expected life of the facility. 
"(2) A determination under paragraph (1) of whether a cost-
differential can be recovered over the expected life of a facility shall 
be made using accepted life-cycle costing procedures and shall 
include— 
"(A) the use of all capital expenses and all operating and 
maintenance expenses associated with the energy system with 
and without a solar energy system over the expected life of the 
facility or during a period of 25 years, whichever is shorter; 
"(B) the use of fossil fuel costs (and a rate of cost growth for 
fossil fuel costs) as determined by the Secretary of Defense; and 
"(C) the use of a discount rate of 7 percent per year for all 
expenses of the energy system. 
"(3) For the purpose of any life-cycle cost analysis under this 
subsection, the original investment cost of the solar energy system 
shall be reduced by 10 percent to reflect an allowance for an 
investment cost credit. 
PUBLIC LAW 97-214—JULY 12, 1982 
96 STAT. 167 
"(d) In order to equip a militar)^ construction project (including a 
military family housing project) with solar heating equipment, solar 
cooling equipment, or both solar heating and solar cooling equip-
ment, or with a passive solar energy system, the Secretary con-
cerned may authorize an increase in any otherwise applicable 
limitation with respect to the number of square feet or the cost per 
square foot of the project by such amount as may be necessary for 
such purpose. Any such increase under this subsection shall be in 
addition to any other administrative increase in cost per square foot 
or variation in floor area authorized by law. 
*
*
§ 2858. Limitation on the use of funds for expediting a construc-
tion project 
"Funds appropriated for military construction (including military 
family housing) may not be expended for additional costs involved in 
expediting a construction project unless the Secretary concerned (1) 
certifies that expenditures for such costs are necessary to protect the 
national interest, and (2) establishes a reasonable completion date 
for the project. In establishing such a completion date, the Secretary 
shall take into consideration the urgency of the requirement for 
completion of the project, the type and location of the project, the 
climatic and seasonal conditions affecting the construction involved, 
and the application of economical construction practices. 
"§ 2859. Transmission of annual military construction authoriza-
tion request 
"The Secretary of Defense shall transmit to Congress the annual 
request for military construction authorization for a fiscal year 
during the first 10 days after the President transmits to Congress 
the Budget for that fiscal year pursuant to section 201 of the Budget 
and Accounting Act, 1921 (31 U.S.C. 11). 
**§ 2860. Availability of appropriations for five years 
"(a) Subject to the provisions of appropriation Acts and except as 
otherwise provided under subsection Ob), any funds appropriated to a 
military department or defense agency for the construction of mili-
tary 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 obli-
gated 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 pursuant to law. 
"(b) Should a requirement develop to obligate funds for a military Notification to 
construction project after the end of the fourth fiscal year after the ^°^^^®^fi°"^^ 
fiscal year for which such funds were appropriated, such obligation """""' 
may be made after the end of the 21-day period beginning on the 
date on which the appropriate committees of Congress receive notifi-
cation of the need for such obligation and the reasons therefor. 
"§ 2861. Annual report to Congress 
"(a) The Secretary of Defense shall submit a report to the appro-
priate committees of Congress each year with respect to military 
construction activities and military family housing activities. Each 
such report shall be submitted at the same time that the annual 
request for military construction authorization is submitted for that 
committees. 
96 STAT. 168 
PUBLIC LAW 97-214—JULY 12, 1982 
year. Except where otherwise provided in this section, information 
required by this section to be provided in the report shall be 
provided for the two most recent fiscal years and for the fiscal year 
for which the budget request is made. 
"(b) Each report under subsection (a) shall include the following: 
"(1) A statement of the construction status and a fiscal sum-
mary of the military construction projects undertaken under, 
and the amounts authorized and appropriated for, contingency 
Ante, p. 155. 
Construction under section 2804 of this title. 
"(2) Information to enable the committees to evaluate the 
relationships between budget requests for appropriations for 
unspecified minor construction projects under section 2805 of 
this title and obligations of appropriated funds for projects 
under such section. Such information shall include comparisons 
of budget requests and obligations using military construction 
appropriations and using operations and maintenance appropri-
ations, maintenance and repair backlog, and obligations for 
maintenance and repair. 
"(3) Information to enable the committees to monitor trends 
in construction started using funds contributed by the United 
Ante, p. 156. 
States under section 2806 of this title to the North Atlantic 
Treaty Organization Infrastructure program and the status of 
recoupments under that program. 
"(4) Information to enable the committees to evaluate trends 
in contracting for architect and engineering services and 
construction design, and trends in accomplishing design of 
construction projects by Government employees, under the 
Ante, p. 156. 
authority of section 2807 of this title. 
"(5) Information to enable the committees to evaluate trends 
in supervision, inspection, and overhead costs for the dollar 
amount of military construction accomplished during a fiscal 
year by a military construction department or agency under the 
Ante, p. 163. 
authority of section 2851 of this title. 
"(6) A summary of military construction projects (other than 
a military construction project for an amount less than the 
amount specified by law as the maximum amount for a minor 
military construction project) placed under contract during the 
preceding fiscal year with respect to which a cost variation or 
scope reduction report was supplied to the appropriate commit-
Ante, p. 164. 
tees of Congress under section 2853 of this title. There shall also 
be included an analysis to indicate whether the cost variation 
was the result of a lack of competition, quality of plans and 
specifications, or quality of budget estimates, or of other factors. 
"(7) Information to enable the committees to evaluate the use 
Ante, p. 167. 
of the authority provided under section 2858 to expedite a 
military construction project when such expediting is required 
to protect the national interest. 
"(8) Information in sufficient detail to enable the committees 
to monitor trends in design, construction, performance goals, 
and progress. 
"(9) With respect to each contract awarded during the preced-
ing fiscal year on other than a competitive basis to the lowest 
responsible bidder, the name of the contractor, the original 
amount of the contract, and the reason for the award of the 
contract on other than a competitive basis.". 
PUBLIC LAW 97-214—JULY 12, 1982 
96 STAT. 169 
(b) The tables of chapters at the beginning of subtitle A, and at the 
beginning of part IV of subtitle A, of title 10, United States Code, 
are amended by adding at the end thereof the following: 
"169. Military Construction and Military Family Housing 
2801", 
AMENDMENTS RELATING TO FACILITIES FOR RESERVE COMPONENTS 
SEC. 3. (a) Subsection (f) of section 2233 of title 10, United States 
Code, is amended to read as follows: 
"(fXD Authority provided by law to construct, expand, rehabili-
tate, convert, or equip any facility under this section includes 
authority to expend funds for surveys, administration, overhead, 
planning, and supervision incident to any such activity. 
"(2) Authority to acquire real property under this section includes 
authority to make surveys and to acquire interests in land (includ-
ing temporary interests) bv purchase, gift, exchange of Government-
owned land, or otherwise.'. 
(bXD Chapter 133 of such title is amended by adding at the end 
thereof the following new section: 
*'§ 2239. Waiver of certain restrictions 
"(a) The Secretary of Defense and the Secretary of each military 
department may make expenditures and contributions under sec-
tion 2233 of this title without regard to section 3648 of the Revised 
Statutes (31 U.S.C. 529). 
"(b) Authority provided by law to place permanent or temporary 
improvements on lands under section 2233 of this title may be 
exercised (1) before title to the land on which the improvement is 
located (or is to be located) is approved under section 355 of the 
Revised Statutes (40 U.S.C. 255), and (2) even though the land is held 
temporarily.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"2239. Waiver of certain restrictions.". 
(cXD Section 2233a of such title is amended to read as follows: 
"§ 2233a. Limitation on certain projects; authority to carry out 
small projects with operation and maintenance funds 
"(aXD Except as provided in paragraph (2), an expenditure or 
contribution in an amount in excess of $200,000 may not be made 
under section 2233 of this title for any facility until the Secretary of 
Defense has notified the Committees on Armed Services and on 
Appropriations of the Senate and House of Representatives of the 
location, nature, and estimated cost of the facility and a period of 21 
days has passed after receipt of such notification. 
"(2) Paragraph (1) does not apply to expenditures or contributions 
for the following: 
"(A) Facilities acquired by lease. 
"(B) A project for a facility that has been authorized by 
Congress, if the location and purpose of the facility are the same 
as when authorized and if, based upon bids received— 
"(i) the scope of work of the project, as approved by 
Congress, is not proposed to be reduced by more than 25 
percent; and 
"(ii) the current working estimate of the cost of the 
project does not exceed the amount approved for the project 
Real property, 
acquisition. 
Notification to 
congressional 
committees. 
10 u s e 2233. 
96 STAT. 170 
PUBLIC LAW 97-214—JULY 12, 1982 
by more than (I) 25 percent, or (II) 200 percent of the 
amount specified by law as the maximum amount for a 
minor military construction project, whichever is lesser. 
"(b) Under such regulations as the Secretary of Defense may 
10 use 2233. 
prescribe, a project authorized under section 2233(a) of this title that 
costs $50,000 or less may be carried out with funds available for 
operations and maintenance.". 
(2) The item relating to such section in the table of sections at the 
beginning of such chapter is amended to read as follows: 
"2233a. Limitation on certain projects; authority to carry out small projects with 
operation and maintenance funds.". 
10 use 2232. 
(d)(1) Clause (1) of section 2232 of such title is amended to read as 
follows: 
"State." 
"(1) 'State' means any of the States of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, and 
each territory and possession of the United States and includes 
political subdivisions and military units thereof and tax-sup-
ported agencies therein.". 
10 use 2233, 
(2) Sections 2233(a)(2), 2233(aX3), 2233(aX4), 2233(a)(6), 2236(c), 
2236, 2237. 
2236(d), and 2237(b) of such title are amended by striking out "or 
Territory, Puerto Rico, or the District of Columbia". 
(3) Subsections (a) and Ot)) of section 2236 of such title are amended 
by striking out "or Territory, Puerto Rico, or the District of Colum-
bia whichever is concerned 
10 use 2238. 
(4) Section 2238 of such title is amended by striking out "or 
Territory" and all that follows and inserting in lieu thereof "or, in 
the case of the District of Columbia, the commanding general of the 
National Guard of the District of Columbia.". 
(eXD Clause (5) of section 2233(a) of such title is amended to read 
as follows: 
"(5) contribute to any State amounts for the acquisition, 
construction, expansion, rehabilitation, and conversion by such 
State of such additional facilities as the Secretary determines to 
be required because of the failure of existing facilities to meet 
the purposes of this chapter; and". 
(2) Section 2236(b) of such title is amended by inserting "or (5)" 
after "2233(aX4)". 
REQUIREMENT FOR CERTAIN NEW ANNUAL AUTHORIZATIONS OF 
APPROPRIATIONS RELATING TO MIUTARY CONSTRUCTION 
SEC. 4. Section 138(fKl) of title 10, United States Code, is amended 
by striking out "but excludes" and all that follows and inserting in 
lieu thereof the following: ", any activity to which section 2807 of 
^A"T?'OP. ooo; 
^^^s title applies, any activity to which chapter 133 of this title 
applies, and advances to the Secretary of Transportation for the 
construction of defense access roads under section 210 of title 23. 
Such term does not include any activity to which section 2821 or 
Ante, pp. 157, 
2854 of this title applies.". 
loo. 
ACQUISITION OF REAL PROPERTY; COST VARIATIONS 
SEC. 5. Section 2676 of title 10, United States Code, is amended— 
(1) by inserting "(a)" before "No military department"; and 
(2) by adding at the end the following: 
10 u s e 2231 
et seq. 
PUBLIC LAW 97-214—JULY 12, 1982 
96 STAT. 171 
"(b) Authority provided the Secretary of a military department by 
law to acquire an interest in real property (includmg a temporary 
interest) includes authority— 
"(1) to make surveys; and 
"(2) to acquire the interest in real property by gift, purchase, 
exchange of real property owned by the United States, or 
otherwise. 
"(cXD Except as provided in paragraph (2), the cost authorized for 
a land acquisition project may be increased by not more than 25 
percent of the amount appropriated for the project by Congress or 
200 percent of the amount specified by law as the maximum amount 
for a minor military construction project, whichever is lesser, if the 
Secretary concerned determines (A) that such an increase is 
required for the sole purpose of meeting unusual variations in cost, 
and (B) that such variations in cost could not have been reasonably 
anticipated at the time the project was originally approved by 
Congress. 
"(2) A land acquisition project may not be placed under contract 
if, based upon the agreed price for the land— 
"(A) the scope of the acquisition, as approved by Congress, is 
proposed to be reduced by more than 25 percent; or 
"(B) the agreed price for the land exceeds the amount appro-
priated for the project by more than (i) 25 percent, or (ii) 200 
percent of the amount specified by law as the maximum amount 
for a minor military construction project, whichever is lesser, 
until subsection (d) is complied with. 
"(d) The limitations on reduction in scope or incre£ise in cost of a 
land acquisition in subsection (c) do not apply if the reduction in 
scope or the increase in cost, as the case may be, is approved by the 
Secretary concerned and a written notification of the facts relating 
to the proposed reduced scope or increased cost (including a state-
ment of the reasons therefor) is submitted by the Secretary con-
cerned to the appropriate committees of Congress. A contract for the 
acquisition may then be awarded only (1) after a period of 21 days 
elapses from the date the notification is received by the committees, 
or (2) upon the approval of those committees, if before the end of 
that period each such committee approves the proposed reduced 
scope or increased cost.". 
Cost increase; 
limitation. 
Notification of 
congressional 
committees. 
CODIFICATION OF OTHER PERMANENT PROVISIONS OF LAW 
SEC. 6. (aXD Chapter 141 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
"§2394. Contracts for energy or fuel for military installations 
"(a) Subject to subsection (c), the Secretary of a military depart-
ment may enter into contracts for periods of up to 30 years— 
"(1) under section 2689 of this title; and 
"(2) for the provision and operation of energy production 
facilities on real property under the Secretary's jurisdiction or 
on private property and the purchase of energy produced from 
such facilities. 
"(b) A contract may be made under subsection (a) only— 
"(1) after the approval of the proposed contract by the Secre-
tary of Defense; and 
* (2) after the Committees on Armed Services and on Appro-
priations of the Senate and House of Representatives have been 
Post, p. 173. 
Notification to 
congressional 
committees. 
96 STAT. 172 
PUBLIC LAW 97-214—JULY 12, 1982 
Regulations. 
Limitation. 
Transfer of 
funds. 
notified of the terms of the proposed contract, including the 
dollar amount of the contract and the amount of energy or fuel 
to be delivered to the Government under the contract. 
"(d) The costs of contracts under this section for any year may be 
paid from annual appropriations for that year.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"2394. Contracts for energy or fuel for military installations.". 
(bXD Chapter 153 of title 10, United States Code, is amended by 
adding at the end thereof the following new section: 
*
*
§ 2577. Disposal of recyclable materials 
"(aXD The Secretary of Defense shall prescribe regulations to 
provide for the sale of recyclable materials held by a military 
department or defense £^ency and for the operation of recycling 
programs at military installations. Such regulations shall include 
procedures for the designation by the Secretary of a military depart-
ment (or by the Secretary of Defense with respect to facilities of a 
defense agency) of military installations that have established a 
qualifying recycling program for the puposes of subsection (bX2). 
"(2) Any sale of recyclable materials by the Secretary of Defense 
or Secretary of a military department shall be in accordance with 
the procedures in section 203 of the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 484) for the sale of surplus 
property. 
"(bXi) Proceeds from the sale of recyclable materials at an instal-
lation shall be credited to funds available for operations and mainte-
nance at that installation in amounts sufficient to cover the costs of 
operations, maintenance, and overhead for processing recyclable 
materials at the installation (including the cost of any equipment 
purchased for recycling purposes). 
"(2) If after such funds are credited a balance remains available to 
a military installation and such installation has a qualifjring recy-
cling program (as determined by the Secretary of the military 
department concerned or the Secretary of Defense), not more than 
50 percent of that balance may be used at the installation for 
projects for pollution abatement, energy conservation, and occupa-
tional safety and health activities. A project may not be carried out 
under the preceding sentence for an amount greater than 50 percent 
of the amount established by law as the maximum amount for a 
minor construction project, 
"(3) The remaining balance available to a military installation 
may be transferred to the nonappropriated morale and welfare 
account of the installation to be used for any morale or welfare 
activity. 
"(c) If the balance available to a military installation under this 
section at the end of any fiscal year is in excess of $2,000,000, the 
amount of that excess shall be covered into the Treasury as miscella-
neous receipts.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"2577. Disposiil of recyclable materials.". 
(cXD Chapter 159 of title 10, United States CJode, is amended by 
adding at the end thereof the following new sections: 
PUBLIC LAW 97-214—JULY 12, 1982 
96 STAT. 173 
*
*
§ 2689. Development of geothermal energy on military lands 
"The Secretary of a military department may develop, or author-
ize the development of, any geothermal energy resource within 
lands under the Secretary's jurisdiction, including public lands, for 
the use or benefit of the Department of Defense if that development 
is in the public interest, as determined by the Secretary concerned, 
and will not deter commercial development and use of other por-
tions of such resource if offered for leasing. 
"§ 2690. Restriction on fuel sources for new heating systems 
"(a) Except as provided in subsection (b), a new heating system 
that requires a heat input rate of fifty million British thermal units 
per hour or more and that uses oil or gas (or a derivative of oil or 
gas) as fuel may not be constructed on lands under the jurisdiction 
of a military department. 
"(b) The Secretary of the military department concerned may 
waive the provisions of subsection (a) in rare and unusual cases, but 
such a waiver may not become effective until after the Secretary has 
notified the appropriate committees of Congress in writing of the 
waiver. 
"(c) The Secretary of the military department concerned may not 
provide service for a new heating system in increments in order to 
avoid the prohibition contained in subsection (a).". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new items: 
"2689. Development of sources of ener:gy on or for military installations. 
"2690. Restriction on fuel sources for new heating systems.". 
REPEALER 
SEC. 7. The following provisions of law are repealed: 
(1) Sections 2212, 2661, 2673, 2674, 2678, 2681, 2684, 2686, 2688, 
4774, and 9774 of title 10, United States Code. 
(2) Section 504 of the Act entitled "An Act to authorize 
certain construction at military and naval installations, and for 
other purposes", approved September 28, 1951 (31 U.S.C. 723). 
(3) Sections 103 and 406(a) of the Act entitled "An Act to 
authorize certain construction at military installations, and for 
other purposes", approved August 30,1957 (42 U.S.C. 1594h and 
1594i). 
(4) Section 420 of the Military Construction Act of 1959 
(Public Law 86-149; 73 Stat. 324). 
(5) Sections 501, 503, and 507 of the Act entitled "An Act to 
authorize certain construction at military installations, and for 
other purposes", approved July 27, 1962 (42 U.S.C. 1594a-l, 
1594h-l, and 1594a-2). 
(6) Section 507 of the Military Construction Authorization 
Act. 1964 (42 U.S.C. 1594k). 
(7) Sections 610 and 611 of the Military Construction Authori-
zation Act, 1966 (Public Law 89-188; 79 Stat. 818). 
(8) Sections 610 and 612 of the Military Construction Authori-
zation Act, 1967 (Public Law 89-568; 50 U.S.C. App. 2287; 31 
U.S.C. 723a). 
(9) Section 61(Ka) of the Military Construction Authorization 
Act, 1968 (42 U.S.C. 1594h-2). 
Waiver. 
7 use 1704b. 
10 use 1077 
note, 2662 note. 
96 STAT. 174 
PUBLIC LAW 97-214—JULY 12, 1982 
30 u s e 1002a 
note. 
42 u s e 1594h-3. 
10 u s e 140 note. 
(10) Section 807 of the Military Construction Authorization 
Act, 1969 (Public Law 90-408; 82 Stat. 392). 
(11) Section 512 of the Military Construction Authorization 
Act, 1970 (Public Law 91-142; 83 Stat. 313). 
(12) Section 508 of the Military Construction Authorization 
Act, 1971 (Public Law 91-511; 84 Stat. 1220). 
(13) Section 508 of the Military Construction Authorization 
Act, 1973 (42 U.S.C. 1594J-1). 
(14) Sections 509 and 612 of the Military Construction Author-
ization Act, 1975 (Public Law 93-552; 88 Stat. 1759, 1765). 
(15) Section 613 of the Military Construction Authorization 
Act, 1978 (Public Law 95-82; 91 Stat. 380). 
(16) Section 803 of the Military Construction Authorization 
Act, 1979 (Public Law 95-356; 30 U.S.C. 1002a). 
(17) Sections 505 and 808 of the Military Construction Author-
ization Act, 1981 (Public Law 96-418; 94 Stat. 1765, 1778). 
(18) Section 903 of the Military Construction Authorization 
Act, 1982 (Public Law 97-99; 95 Stat. 1382). 
AMENDMENTS TO SECTION OF TITLE 10 GOVERNING LEASES IN FOREIGN 
COUNTRIES 
SEC. 8. (a) Subsection (a) of section 2675 of title 10, United States 
Code, is amended to read as follows: 
"(a) The Secretary of a military department may acquire by lease 
in foreign countries structures and real property relating to struc-
tures that are needed for military purposes other than for military 
family housing. A lease under this section may be for a period of up 
to five years, and the rental for each yearly period may be paid from 
funds appropriated to that military department for that year.". 
(b) Subsection (b) of such section is amended— 
(1) by striking out "or any other provision of law"; and 
(2) by striking out ", family housing facilities,". 
(c) Subsections (c) and (d) of such section are repealed. 
7 u s e 1704c. 
42 u s e 1594k 
note. 
SAVINGS PROVISIONS 
SEC. 9. (a) The Secretary of Defense shall pay to the Commodity 
Credit Corporation an amount not to exceed $6,000,000 per year 
until the amount due for foreign currencies used for housing con-
structed or acquired under title II of the Agricultural Trade Devel-
opment and Assistance Act of 1954 (7 U.S.C. 1721-1726) has been 
liquidated. 
(b) The Secretary of Defense may continue in effect any agree-
ment guaranteeing rental returns to builders or other sponsors of 
family housing in foreign countries that was made under section 507 
of the Military Construction Authorization Act, 1964 (42 U.S.C. 
1594k), before the effective date of this Act and may exercise any 
option of the United States in any such agreement that has not been 
exercised before such date. 
Ante, p. 173. 
TECHNICAL AND CLERICAL AMENDMENTS 
SEC. 10. (aXD The table of sections at the beginning of chapter 131 
of title 10, United States Code, is amended by striking out the item 
relating to section 2212. 
PUBLIC LAW 97-214—JULY 12, 1982 
96 STAT. 175 
(2) Section 2233(e) of such title is amended by striking out lo use 2233. 
"advance planning, construction design, and architectural services" 
and inserting in lieu thereof "architectural and engineering services 
and construction design". 
(3) Section 2388(c) of title 10, United States Code, is amended by 
striking out "section 4774(d) or 9774(d) of this title, section 529 of 
title 31, or section 259 or 267 of title 40," and inserting in lieu 
thereof "section 3648 of the Revised Statutes (31 U.S.C. 529)^'. 
(4) TTie table of sections at the beginning of chapter 159 of such 
title is amended by striking out the items relating to sections 2661, ^^te, p. 173. 
2673, 2674, 2678, 2681, 2684, 2686, and 2688. 
(5XA) Section 2677 of such title is amended by striking out "per lo use 2677. 
centum" in subsection (b) and inserting in lieu thereof "percent". 
(B) The heading of such section is amended to read as follows: 
"§2677. Options: property required for military construction 
projects" 
(C) The item relating to such section in the table of sections at the 
beginning of chapter 159 of such title is amended to read as follows: 
"2677. Options: property required for military construction projects.". 
(6) Section 2775(c) of such title is amended by striking out 
"family" and all that follows through "1594a-l)" and inserting in 
lieu thereof "Military Family Housing Management Account pro-
vided for in section 2831 of this title". 
(7) Section 2682 of such title is amended by striking out "construc-
tion" and all that follows through "extension" and inserting in lieu 
thereof "maintenance and repair". 
(8) Section 2687(dXl) of such title is amended by striking out the 
matter preceding clause (A) and inserting in lieu thereof the 
following: 
"(1) 'Military installation' means a base, camp, post, station, 
yard, center, or other activity under the jurisdiction of the 
Secretary of a military department—". 
(9XA) The table of sections at the beginning of chapter 449 of such 
title is amended by striking out the item relating to section 4774. 
(B) The table of sections at the beginning of chapter 949 of such 
title is amended by strildng out the item relating to section 9774, 
(bXD Section 305(a) of the Defense Housing and Community Facil-
ities and Services Act of 1951 (42 U.S.C. 1592d(a)) is amended by 
striking out "sections 1136 and" and inserting in lieu thereof "sec-
tion". 
(2) Section 402(7) of the Domestic Volunteer Service Act of 1973 
(42 U.S.C. 5042(7)) is amended by striking out "(without regard to 
the provisions of section 4774(d) of title 10, United States Code),". 
(3) Section 3 of the Act entitled "An Act to assist in the internal 
development of the Virgin Islands by the undertaking of useful 
projects therein, and for other purposes", approved December 20, 
1944 (48 U.S.C. 1409b), is amended— 
(A) by striking out "sees. 1136, as amended, and" and insert-
ing in lieu thereof "section"; and 
(B) by striking out "sections 355, as amended, and 1136, as 
amended," and inserting in lieu thereof "section 355". 
(4) The Act entitled "An Act to authorize the Secretary of the Air 
Force to establish land-based air warning and control installations 
for the national security, and for other purposes", approved March ^^ f^h }l: 
, 
30, 1949 (50 U.S.C. 491), is amended by striking out "sections 1136, ^ote 
10 u s e 2775. 
Ante, p. 162. 
10 u s e 2682. 
10 u s e 2687. 
"Military instal-
lation." 
Ante, p. 173. 
Ante, p. 173. 
58 Stat. 829. 
48 u s e 1409b 
and note. 
96 STAT. 176 
PUBLIC LAW 97-214—JULY 12, 1982 
3648, 3734, Revised Statutes" and inserting in lieu thereof "section 
3648 of the Revised Statutes (31 U.S.C. 529)". 
(5) Section 40 of the Act of August 10, 1956 (31 U.S.C. 649c), is 
amended by striking out "and the construction of public works". 
INITIAL ESTABLISHMENT OF CERTAIN AMOUNTS REQUIRED TO BE 
SPECIFIED BY LAW 
1
0 use 2828 
SEC. 11. During the period beginning on October 1, 1982, and 
^°^- 
ending on the date of the enactment of the Military Construction 
Authorization Act for fiscal year 1984 or October 1,1983, whichever 
is later, the following amounts apply: 
(1) The maximum amount for an unspecified minor military 
construction project under section 2805 of title 10, United States 
Ante, p. 155. 
Codo, is $1,000,000. 
(2) The amount of a contract for architectural and engineer-
ing services or construction design that makes such a contract 
subject to the reporting requirement under section 2807 of title 
Ante, p. 156. 
10, United States Code, is $300,000. 
(3) The maximum amount per unit for an improvement proj-
ect for family housing units under section 2825 of title 10, 
Ante, p. 159. 
United States Code, is $30,000. 
(4) The meiximum annual rental for a family housing unit 
leased in the United States, Puerto Rico, or Guam under section 
Ante, p. 161. 
2828(b) of title 10, United States Code, is $6,000. 
(5XA) The maximum annual rental for a family housing unit 
leased in a foreign country under section 2828(c) of title 10, 
United States Code, is $16,800. 
(B) The maximum number of family housing units that may 
be leased at any one time in foreign countries under section 
2828(c) of title 10, United States Code, is 29,000. 
(6) The maximum rental per year for family housing facilities, 
or for real property related to family housing facilities, leased in 
a foreign country under section 2828(f) of title 10, United States 
Code, is $250,000. 
EFFECTIVE DATE 
1
0 use 2801 
SEC. 12. (a) Except as provided in subsection (b), the amendments 
note. 
made by this Act shall take effect on October 1, 1982, and shall 
apply to military construction projects, and to construction and 
acquisition of military family housing, authorized before, on, or 
after such date. 
PUBLIC LAW 97-214—JULY 12, 1982 
96 STAT. 177 
(b) The amendment made by section 4 shall apply with respect to ^nte, p. 170. 
funds appropriated for fiscal years beginning after September 30, 
1983. 
Approved July 12, 1982. 
LEGISLATIVE HISTORY—H.R. 6451 (S. 2645): 
HOUSE REPORT No. 97-612 (Comm. on Armed Services). 
SENATE REPORT No. 97-474 accompanying S. 2645 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
June 21, considered and passed House. 
June 30, considered and passed Senate.