Military Construction Appropriations Act, 1992
PL 102-136 (H.R.2426), enacted 10/25/1991

PUBLIC LAW 102-136—OCT. 25, 1991 
105 STAT. 637 
Public Law 102-136 
102d Congress 
An Act 
Making appropriations for military construction for the Department of Defense for 
Oct. 25, 1991 
the fiscal year ending September 30, 1992, and for other purposes. 
[H.R. 2426] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following Military 
sums are appropriated, out of any money in the Treasury not Construction 
otherwise appropriated, for the fiscal year ending September 30, Act!T992^ ^°"^ 
1992, for military construction functions administered by the 
Department of Defense, and for other purposes, namely: 
MILITARY CONSTRUCTION, ARMY 
(INCLUDING RESCISSION) 
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, 
including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, 
and for construction and operation of facilities in support of the 
functions of the Commander in Chief, $880,820,000, to remain avail-
able until September 30, 1996: Provided, That of this amount, not to 
exceed $113,000,000 shall be available for study, planning, design, 
architect and engineer services, as authorized by law, unless the 
Secretary of Defense determines that additional obligations are 
necessary for such purposes and notifies the Committees on Appro-
priations of both Houses of Congress of his determination and the 
reasons therefor: Provided further. That of the funds appropriated 
for "Military Construction, Army" under Public Law 101-148, 
$39,000,000 is hereby rescinded. 
MILITARY CONSTRUCTION, NAVY 
(INCLUDING RESCISSIONS) 
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, $883,859,000, to remain available until September 30, 1996: 
Provided, That of this amount, not to exceed $76,000,000 shall be 
available for study, planning, design, architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense deter-
mines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of his determination and the reasons therefor: Provided 
further. That of the funds appropriated for "Military Construction, 
Navy" under Public Law 100-447, $10,972,000 is hereby rescinded: 
105 STAT. 638 
PUBLIC LAW 102-136—OCT. 25, 1991 
Provided further. That of the funds appropriated for "Military 
Construction, Navy" under Public Law 101-519, $45,420,000 is 
hereby rescinded. 
MILITARY CONSTRUCTION, AIR FORCE 
(INCLUDING RESCISSIONS) 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, facilities, 
and real property for the Air Force as currently authorized by law, 
$1,005,954,000, to remain available until September 30, 1996: Pro-
vided, That of this amount, not to exceed $69,900,000 shall be 
available for study, planning, design, architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense deter-
mines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of his determination and the reasons therefor: Provided 
further. That of the funds appropriated for "Military Construction, 
Air Force" under Public Law 100-447, $16,900,000 is hereby re-
scinded: Provided further, That of the funds appropriated for "Mili-
tary 
Construction, 
Air 
Force" 
under 
Public 
Law 
101-148, 
$63,900,000 is hereby rescinded: Provided further, That of the funds 
appropriated for "Military Construction, Air Force" under Public 
Law 101-519, $13,600,000 is hereby rescinded. 
MILITARY 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, $724,740,000, to remain available until September 30, 1996: 
Provided, That such amounts of this appropriation as may be deter-
mined by the Secretary of Defense may be transferred to such 
appropriations of the Department of Defense available for military 
construction as he may designate, to be merged with and to be 
available for the same purposes, and for the same time period, as the 
appropriation or fund to which transferred: Provided further. That 
of the amount appropriated, not to exceed $74,600,000 shall be 
available for study, planning, design, architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense deter-
mines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of his determination and the reasons therefor. 
NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE 
For the United States share of the cost of North Atlantic Treaty 
Organization Infrastructure programs for the acquisition and 
construction of military facilities and installations (including inter-
national military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized 
in military construction Acts and section 2806 of title 10, United 
States Code, $225,000,000 to remain available until expended: Pro-
vided, That none of the funds appropriated or otherwise available 
PUBLIC LAW 102-136—OCT. 25, 1991 
105 STAT. 639 
under the North Atlantic Treaty Organization 
Infrastructure 
Account in this or any other Act may be obUgated for planning, 
design, or construction of military facilities or family housing to 
support the relocation of the 401st Tactical Fighter Wing to Crotone, 
Italy. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized by 
chapter 133 of title 10, United States Code, and military construc-
tion authorization Acts, $231,117,000, to remain available until 
September 30,1996. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chap-
ter 133 of title 10, United States Code, and military construction 
authorization Acts, $217,566,000, to remain available until Septem-
ber 30,1996. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 133 of title 10, United States 
Code, and military construction authorization Acts, $110,389,000, to 
remain available until September 30,1996. 
MILITARY CONSTRUCTION, NAVAL RESERVE 
• For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 133 of title 10, United States Code, and military construc-
tion authorization Acts, $59,900,000, to remain available until 
September 30,1996. 
MILITARY CONSTRUCTION, AIR FORCE RESERVE 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 133 of title 10, United States 
Code, and military construction authorization Acts, $9,700,000, to 
remain available until September 30,1996. 
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, $167,220,000; for Operation and maintenance, and 
for debt payment, $1,390,025,000; in all $1,557,245,000: Provided, 
105 STAT. 640 
PUBLIC LAW 102-136—OCT. 25, 1991 
That the amount provided for construction shall remain available 
until September 30,1996. 
. 
^
s 
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, $198,440,000; for Operation and mainte-
nance, and for debt payment, $703,700,000; in all $902,140,000: Pro-
vided, That the amount provided for construction shall remain 
available until September 30,1996. 
FAMILY HOUSING, AIR FORCE 
For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension 
and alteration and for operation and maintenance, including debt 
payment, leasing, minor construction, principal and 
interest 
charges, and insurance premiums, as authorized by law, as follows: 
for Construction, $172,083,000; for Operation and maintenance, and 
for debt payment, $903,200,000; in all $1,075,283,000: Provided, That 
the amount provided for construction shall remain available until 
September 30,1996. 
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, leasing, and minor construction, as authorized by law, as 
follows: for Construction, $200,000; for Operation and maintenance, 
$26,000,000; in all $26,200,000: Provided, That the amount provided 
for construction shall remain available until September 30, 1996. 
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), 
$84,000,000, to remain available until expended. 
BASE REAUGNMENT AND CLOSURE ACCOUNT, PART I 
For deposit into the Department of Defense Base Closure Account 
established by section 207(aXl) of the Defense Authorization Amend-
ments and Base Closure and Realignment Act (Public Law 100-526), 
$658,600,000, to remain available for obligation until September 30, 
1995: Provided, That none of these funds may be obligated for base 
realignment and closure activities under Public Law 100-526 which 
would cause the Department's $1,800,000,000 cost estimate for mili-
tary construction and family housing related to the Base Realign-
ment and Closure Program to be exceeded: Provided further. That 
not less than $220,000,000 of the funds appropriated herein shall be 
available solely for environmental restoration. 
PUBLIC LAW 102-136—OCT. 25, 1991 
105 STAT. 641 
BASE REAUGNMENT AND CLOSURE ACCOUNT, PART II 
For deposit into the Department of Defense Base Closure Account 
1990 established by section 2906(aXl) of the Department of Defense 
Authorization Act, 1991 (Public Law 101-510), $100,000,000, to 
remain available until expended: Provided, That of the funds appro-
priated herein such sums as may be required shall be available for 
environmental restoration. 
GENERAL PROVISIONS 
SEC. 101. None of the funds appropriated in this Act shall be 
expended for payments under a cost-plus-a-fixed-fee contract for 
work, where cost estimates exceed $25,000, to be performed within 
the United States, except Alaska, without the specific approval in 
writing of the Secretary of Defense setting forth the reasons there-
for. 
SEC. 102. Funds herein appropriated to the Department of Defense 
for construction shall be available for hire of passenger motor 
vehicles. 
SEC. 103. Funds appropriated to the Department of Defense for 
construction may be used for advances to the Federal Highway 
Administration, Department of Transportation, for the construction 
of access roads as authorized by section 210 of title 23, United States 
Code, when projects authorized therein are certified as important to 
the national defense by the Secretary of Defense. 
SEC. 104. None of the funds appropriated in this Act may be used 
to begin construction of new bases inside the continental United 
States for which specific appropriations have not been made. 
SEC. 105. No part of the funds provided in this Act shall be used 
for purchase of land or land easements in excess of 100 per centum 
of the value as determined by the Corps of Engineers or the Naval 
Facilities Engineering Command, except (a) where there is a deter-
mination of value by a Federal court, or (b) purchases negotiated by 
the Attorney General or his designee, or (c) where the estimated 
value is less than $25,000, or (d) as otherwise determined by the 
Secretary of Defense to be in the public interest. 
SEC. 106. None of the funds appropriated in this Act shall be used 
to (1) acquire land, (2) provide for site preparation, or (3) install 
utilities for any family housing, except housing for which funds have 
been made available in annual military construction appropriation 
Acts. 
SEC. 107. None of the funds appropriated in this Act for minor 
construction may be used to transfer or relocate any activity from 
one base or installation to another, without prior notification to the 
Committees on Appropriations. 
SEC. 108. No part of the funds appropriated in this Act may be 
used for the procurement of steel for any construction project or 
activity for which American steel producers, fabricators, and manu-
facturers have been denied the opportunity to compete for such steel 
procurement. 
SEC. 109. 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. 
105 STAT. 642 
PUBLIC LAW 102-136—OCT. 25, 1991 
SEC. 110. None of the funds appropriated in this Act may be used 
to initiate a new installation overseas without prior notification to 
the Committees on Appropriations. 
SEC. 111. None of the funds appropriated in this Act may be 
obligated for architect and engineer contracts estimated by the 
Government to exceed $500,000 for projects to be accomplished in 
Japan or in any NATO member country, unless such contracts are 
awarded to United States firms or United States firms in joint 
venture with host nation firms. 
SEC. 112. None of the funds appropriated in this Act for military 
construction in the United States territories and possessions in the 
Pacific and on Kwajalein Island may be used to award any contract 
estimated by the Government to exceed $1,000,000 to a foreign 
contractor: Provided, That this section shall not be applicable to 
contract awards for which the lowest responsive and responsible bid 
of a United States contractor exceeds the lowest responsive and 
responsible bid of a foreign contractor by greater than 20 per 
centum. 
SEC. 113. The Secretary of Defense is to inform the Committees on 
Appropriations and the Committees on Armed Services of the plans 
and scope of any proposed military exercise involving United States 
personnel thirty days prior to its occurring, if amounts expended for 
construction, either temporary or permanent, are anticipated to 
exceed $100,000. 
(TRANSFER OF FUNDS) 
SEC. 114. Unexpended balances in the Military Family Housing 
Management Account established pursuant to section 2831 of title 
10, United States Code, as well as any additional amounts which 
would otherwise be transferred to the Military Family Housing 
Management Account during fiscal year 1992, shall be transferred 
to the appropriations for Family Housing provided in this Act, as 
determined by the Secretary of Defense, based on the sources from 
which the funds were derived, and shall be available for the same 
purposes, and for the same time period, as the appropriation to 
which they have been transferred. 
SEC. 115. Not more than 20 per centum of the appropriations in 
this Act which are limited for obligation during the current fiscal 
year shall be obligated during the last two months of the fiscal year. 
(TRANSFER OF FUNDS) 
SEC. 116. Funds appropriated to the Department of Defense for 
construction in prior years are hereby made available for construc-
tion authorized for each such military department by the authoriza-
tions enacted into law during the first session of the One Hundred 
Second Congress. 
Reports. 
ggc. 117. The Secretary of Defense is to provide the Committees on 
Appropriations of the Senate and the House of Representatives with 
a report by February 15, 1992, containing details of the specific 
actions proposed to be taken by the Department of Defense during 
fiscal year 1992 to encourage other member nations of the North 
Atlantic Treaty Organization and Japan and Korea to assume a 
greater share of the common defense burden of such nations and the 
United States. 
SEC. 118. For military construction or family housing projects that 
are being completed with funds otherwise expired or lapsed for 
PUBLIC LAW 102-136—OCT. 25, 1991 
105 STAT. 643 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design 
on those projects and on subsequent claims, if any. 
SEC. 119. Notwithstanding any other provision of law, any funds 
lo use 2860 
appropriated to a military department or defense agency for the ^°*^-
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were appropriated if 
the funds obligated for such project (1) are obligated from funds 
available for military construction projects, and (2) do not exceed the 
amount appropriated for such project, plus any amount by which 
the cost of such project is increased pursuant to law. 
SEC. 120. Of the funds appropriated in this Act for Operations and 
maintenance of Family Housing, no more than $15,000,000 may be 
obligated for contract cleaning of family housing units. 
SEC. 121. None of the funds appropriated in this Act may be used 
for the design, construction, operation or maintenance of new family 
housing units in the Republic of Korea in connection with any 
increase in accompanied tours after June 6,1988. 
(TRANSFER OF FUNDS) 
SEC. 122. During the five-year period after appropriations avail- 10USC2860 
able to the Department of Defense for military construction and 
^°^-
family housing operation and maintenance and construction have 
expired for obligation, upon a determination that such appropria-
tions will not be necessary for the liquidation of obligations or for 
making authorized adjustments to such appropriations for obliga-
tions 
incurred 
during 
the 
period 
of 
availability 
of 
such 
appropriations, unobligated balances of such appropriations may be 
transferred into the appropriation "Foreign Currency Fluctuations, 
Construction, Defense" to be merged with and to be available for the 
same time period and for the same purposes as the appropriation to 
which transferred: Provided, That the next to the last proviso of 10 USC 2860 
section 121 of the Military Construction Appropriations Act, 1987 "°^-
(Public Law 99-500; 100 Stat. 1783-294 and Public Law 99-591; 100 
Stat. 3341-294), is hereby repealed. 
SEC. 123. None of the funds appropriated in this Act for planning 
and design activities may be used to initiate design of the Pentagon 
Annex. 
SEC. 124. None of the funds appropriated in this Act, except those 
necessary to exercise construction management provisions under 
section 2807 of title 10, United States Code, may be used for study, 
planning, design, or architect and engineer services related to the 
relocation of Yongsan Garrison, Korea. 
SEC. 125. Such sums £is may be necessary for fiscal year 1992 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act. 
SEC. 126. Section 402 of Public Law 102-27 (105 Stat. 155) is 18 USC 2331 et 
amended by inserting "(a)" preceding "In", by inserting "effective ^i^JTar. wm 
November 5, 1990" after "repealed", and by adding at the end note 
thereof the following new subsection: 
"(b) Effective November 5, 1990, chapter 113A of title 18, United Effective date. 
States Code, is amended to read as if section 132 of Public Law 101-
519 had not been enacted.". 
105 STAT. 644 
PUBLIC LAW 102-136—OCT. 25, 1991 
Real property. 
Real property. 
Utah. 
SEC. 127. (a) Notwithstanding any other provision of law, the 
Secretary of the Army shall transfer, no later than September 30, 
1992, and without reimbursement, to the Secretary of the Interior 
the real property, including improvements thereon, consisting of 500 
acres located generally adjacent to 7,600 acres transferred by section 
126 of Public Law 101-519. The transferred property shall not 
include a landfill and a sewage pumping station that are associated 
with the operation of Fort Meade, Maryland. 
(h) The Secretary of the Interior shall administer the property 
transferred pursuant to subsection (a) as a part of the Patuxent 
Wildlife Research Center and in a manner consistent with wildlife 
conservation purposes and shall provide for the continued use of the 
property by Federal agencies, including the Department of Defense, 
to the extent that such agencies are using it on the date of the 
enactment of this Act. 
(c) The Secretary of the Interior may not convey, lease, transfer, 
declare excess or surplus, or otherwise dispose of any portion of the 
property transferred pursuant to subsection (a) unless approved by 
law. The Secretary of the Interior may enter into cooperative agree-
ments and issue special use permits for historic uses of the 500 
acres: Provided, That they are consistent with all laws pertaining to 
wildlife refuges. 
(d) The description of the property to be transferred under this 
section shall be determined by a survey satisfactory to the Director 
of the United States Fish and Wildlife Service within the Depart-
ment of the Interior, after consultation with the Department of the 
Army. 
SEC. 128. (a) The Secretary of the Army shall carry out such 
repairs and take such other preservation and maintenance actions 
as are necessary to ensure that all real property at Fort Douglas, 
Utah (including buildings and other improvements) that has been 
conveyed or is to be conveyed pursuant to section 130 of the Military 
Construction Appropriations Act, 1991 (Public Law 101-519; 104 
Stat. 2248) is free from natural gas leaks and other safety-threaten-
ing defects. In carrying out this subsection, the Secretary shall 
conduct a natural gas survey of the property. 
(b) In the C£ise of property referred to in subsection (a) that is 
within the boundaries of the Fort Douglas National Historic Land-
mark, the Secretary— 
(1) shall carry out a structural engineering survey of the 
property; and 
(2) in addition to carrying out the repairs and taking the other 
actions required by subsection (a), shall repair and restore such 
property (but only to the extent that structural repairs are 
necessary) in a manner and to an extent specified by the 
Secretary of the Interior that is consistent with the historic 
preservation laws (including regulations) referred to in section 
130(c)(2) of the Military Construction Appropriations Act, 1991. 
(c)(1) The Secretary of the Army, after consulting with the Gov-
ernor of Utah regarding the condition of the property referred to in 
subsection (a), shall certify to the Committees on Appropriations of 
the Senate and the House of Representatives that the repairs and 
preservation and maintenance actions required by subsection (a) 
have been completed. 
(2) The Secretary of the Army and the Secretary of the Interior 
shall jointly certify to the Committees on Appropriations of the 
Senate and the House of Representatives that the repairs and 
PUBLIC LAW 102-136—OCT. 25, 1991 
105 STAT. 645 
restoration of such property has been carried out in accordance with 
the requirements of subsection (b). 
(d) The Secretary of the Army shall complete all actions required 
by this section not later than September 30,1992. 
This Act may be cited as the "Military Construction Appropria-
tions Act, 1992". 
I 
Approved October 25, 1991. 
I 
LEGISLATIVE HISTORY—H.R. 2426: 
HOUSE REPORTS: Nos. 102-74 (Comm. on Appropriations) and 102-236 
(Comm. of Conference). 
SENATE REPORTS: No. 102-147 (Ctomm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
May 30, considered and passed House. 
Sept. 16, considered and passed Senate, amended. 
Oct. 8, House agreed to conference report; receded and concurred in 
cerfaEun Senate amendments, in others with amendments. 
Oct. 16, Senate agreed to conference report; concurred in House 
amendments. 
49-194 O - 92 - 22 . QL. 3 Part 1