Military Construction Appropriation Act, 1982
PL 97-106 (H.R.4241), enacted 12/23/1981

PUBLIC LAW 97-106—DEC. 23, 1981 
95 STAT. 1503 
Public Law 97-106 
97th Congress 
An Act 
Making appropriations for military construction for the Department of Defense for 
the fiscal year ending September 30,1982, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following 
sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the fiscal year ending September 30, 
1982, for military construction functions administered by the Depart-
ment of 
Defense, and for other purposes, namely: 
MiLiTABY CONSTRUCTION, ARMY 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, and facili-
ties for the Army as currently authorized in military public works or 
military construction Acts, and in sections 2673, 2674, and 2675 of 
title 10, United States Code, and for construction and operation of 
facilities in support of the functions of the Commander-in-Chief, 
$943,701,000, to remain available until September 30,1986: Provided, 
That of this amount, not to exceed $139,700,000 shall be available for 
study, planning, design, architect and engineer services, as author-
ized by law, unless the Secretary of Defense determines that addi-
tional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of his 
determination and the reasons therefor: And provided further. That 
$1,000,000 of the funds av^able for planning and design shall be 
available only for the design of a headquarters facility for the U.S. 
Army Forces Command at Fort McPherson, Georgia. 
MILITARY CONSTRUCTION, NAVY 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, naval installations, and facilities 
for the Navy as currently authorized in military public works or 
military construction Acts, and in sections 2673, 2674, and 2675 of 
title 10, United States Code, including personnel in the Naval 
Facilities Engineering Command and other personal services neces-
sary for the purposes of this appropriation, $1,451,393,000, to remain 
available until September 30, 1986: Provided, That of this amount, 
not to exceed $88,100,000 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. 
Dec. 23, 1981 
[H.R. 4241] 
Military 
Construction 
Appropriation 
Act, 1982. 
Notification to 
congressional 
committees. 
Notification to 
congressional 
committees. 
95 STAT. 1504 
PUBLIC LAW 97-106—DEC. 23, 1981 
Notification to 
congressional 
committees. 
MiuTARY CONSTRUCTION, AIR FORCE 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, and facili-
ties for the Air Force as currently authorized in military public works 
or military construction Acts, and in sections 2673,2674, and 2675 of 
title 10, United States Code, $1,545,751,000, to remain available until 
September 30, 1986: Provided, That of this amount, not to exceed 
$91,100,000 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 Appropriations of both 
Houses of Congress of his determination and the reasons therefor: 
Provided further, That $500,000 of the funds available for planning 
and design shall be available only to design facilities at Goodfellow 
Air Force Base, Texas. 
MILITARY CONSTRUCTION, DEFENSE AGENCIES 
Notification to 
congressional 
committees. 
10 use 2231 
et seq. 
(INCLUDING TRANSFER OF FUNDS) 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, installations, and facilities for 
activities and agencies of the Department of Defense (other than the 
military departments), as currently authorized in military public 
works or military construction Acts, and in sections 2673, 2674, and 
2675 of title 10, United States Code, $306,490,000, to remain available 
until September 30,1986; and, in addition, not to exceed $20,000,000 
to be derived by transfer from the appropriation "Research, develop-
ment, test, and evaluation. Defense Agencies" as determined by the 
Secretary of Defense: Provided, That such amounts of this appropri-
ation as may be determined by the Secretary of Defense may be 
transferred to such appropriations of the Department of Defense 
available for military construction as he may designate: Provided 
further. That of the amount appropriated, not to exceed $28,000,000 
shall be available for study, planning, design, architect and engineer 
services, as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for such pur-
poses and notifies the Committees on Appropriations of both Houses 
of Congress of 
his determination and the reasons therefor. 
NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE 
For the United States share of the cost of multilateral programs for 
the acquisition or construction of military facilities and installations 
(including international military headquarters) for the collective 
defense of the North Atlantic Treaty Area as authorized in military 
construction Acts, $345,000,000, to remain available until expended. 
MiUTARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Army 
National Guard as authorized by chapter 133 of title 10, United 
States Code, as amended, and the Reserve Forces Facilities Acts, 
$67,658,000, to remain available until September 30,1986. 
PUBLIC LAW 97-106—DEC. 23, 1981 
95 STAT. 1505 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
133 of title 10, United States Code, as amended, and the Reserve ij use 2231 
Forces Facilities Acts, $105,140,000, to remain available until Sep- ^
* *
^
^ 
tember30,1986. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Army 
Reserve as authorized by chapter 133 of title 10, United States Code, 
as amended, and the Reserve Forces Facilities Acts, $64,703,000, to 
remain available until September 30,1986. 
MILITARY CONSTRUCTION, NAVAL RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the reserve 
components of the Navy and Marine Corps as authorized by chapter 
133 of title 10, United States Code, as amended, and the Reserve 
Forces Facilities Acts, $36,000,000, to remain available until Septem-
ber 30,1986. 
MILITARY CONSTRUCTION, AIR FORCE RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 133 of title 10, United States 
Code, as amended, and the Reserve Forces Facilities Acts, 
$37,400,000, to remain available until September 30,1986. 
MILITARY CONSTRUCTION, RESERVE COMPONENTS GENERALLY 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Reserve 
components of the Armed Forces, $470,000, to be allocated by the 
Secretary of Defense for the Army Reserve, and to remain available 
until September 30,1985. 
FAMILY HOUSING, DEFENSE 
For expenses of family housing for the Army, Navy, Marine Corps, 
Air Force, and Defense agencies, for construction, including acquisi-
tion, replacement, addition, expansion, extension and alteration and 
for operation, maintenance, and debt payment, including leasing, 
minor construction, principal and interest charges, and insurance 
premiums, as authorized by law, $2,282,442,000, to be obligated and 
expended in the Family Housing Management Account established 
pursuant to section 501(a) of Public Law 87-554, in not to exceed the 42 use I594a-i. 
following amounts: 
for Construction: $280,235,000; 
for Debt payment: $148,111,000; 
for Operation, maintenance: $1,854,096,000: 
Provided, That the amounts provided under this head for construc-
tion, and for debt payment, shall remain available until September 
30,1986: Provided further. That funds previously appropriated under 
95 STAT. 1506 
PUBLIC LAW 97-106—DEC. 23, 1981 
42 u s e 3374. 
Prior 
appropriations. 
Contracts. 
Construction 
costs. 
Service facilities. 
Motor vehicles. 
31 u s e 638f. 
Access roads, 
construction. 
31 u s e 700b. 
New bases. 
Land purchases 
or easements. 
this head in fiscal year 1980 for debt payment in the amount of 
$1,992,000 for the Department of Defense shall be transferred and 
merged in the Family Housing Management Account with, and be 
available for the same period as, the funds appropriated in this Act 
for debt service for such departments and agencies, and such funds 
may be obligated and expended for such purposes. 
HOMEOWNERS ASSISTANCE FUND, DEFENSE 
For use in the Homeowners Assistance Fund established pursuant 
to section 1013(d) of the Demonstration Cities and Metropolitan 
Development Act of 1966 (Public Law 89-754, as amended), 
$2,000,000. 
GENERAL PROVISIONS 
SEC. 101. Funds appropriated to the Department of Defense for 
construction in prior years are hereby made available for construc-
tion authorized for each such department by the authorizations 
enacted into law during the first session of the Ninety-seventh 
Congress. 
SEC. 102. None of the funds appropriated in this Act shall be 
expended for payments under a cost-plus-a-fixed-fee contract for 
work, where cost estimates exceed $25,000, to be performed within 
the United States, except Alaska, without the specific approval in 
writing of the Secretary of Defense setting forth the reasons therefor. 
SEC. 103. None of the funds appropriated in this Act shall be 
expended for additional costs involved in expediting construction 
unless the Secretary of Defense certifies such costs to be necessary to 
protect the national interest and establishes a reasonable completion 
date for each project, taking into consideration the urgency of the 
requirement, the type and location of the project, the climatic and 
seasonal conditions affecting the construction, and the application of 
economical construction practices. 
SEC. 104. None of the funds appropriated in this Act shall be used 
for the construction, replacement, or reactivation of any bakery, 
laundry, or drycleaning facility in the United States, its territories, or 
possessions, as to which the Secretary of Defense does not certify, in 
writing, giving his reasons therefor, that the services to be furnished 
by such facilities are not obtainable from commercial sources at 
reasonable rates. 
SEC. 105. Funds herein appropriated to the Department of Defense 
for construction shall be available for hire of passenger motor 
vehicles. 
SEC. 106. 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. 107. 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. 108. 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 determination 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 
PUBLIC LAW 97-106—DEC. 23, 1981 
95 STAT. 1507 
$25,000, or (d) as otherwise determined by the Secretary of Defense to 
oe in the public interest. 
SEC. 109. None of 
the funds appropriated in this Act may be used to 
make payments under contracts for any project in a foreign country 
unless the Secretary of Defense or his designee, after consultation 
with the Secretary of the Treasury or his designee, certifies to the 
Congress that the use, by purchase from the Treasury, of currencies 
of such country acquired pursuant to law is not feasible for the 
purpose, stating the reason therefor. 
SEC. 110. 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 familv housing, except housing for which funds have been 
made available in aimual military construction appropriation Acts. 
SEC. 111. 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 
Committee on Appropriations. 
SEC. 112. None of the funds appropriated or otherwise made 
available under this Act shall be obligated or expended in connection 
with any base realignment or closure activity, until all terms, 
conditions and requirements of the National Environmental Policy 
Act have been complied with, with respect to each such activity. 
SEC. 113. 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 Americem steel producers, fabricators, and manufacturers 
have been denied the opportunity to compete for such steel 
procurement. 
SEC. 114. None of the funds available to the Department of Defense 
for military construction during the current fiscal year may be 
obligated for projects under the authority of section 402 of the 
Military Construction Authorization Act, 1981, or similar provisions 
in prior-year military construction authorization Acts until twenty-
one days have passed after the Secretary of Defense has notified the 
Committees on Appropriations of the Senate and the House of 
Representatives of tne purpose and estimated cost of construction for 
which these funds are to be used under such authorities. 
SEC. 115. No part of the funds appropriated in this Act for dredging 
in the Indian Ocean may be used for the performance of the work by 
foreign contractors: Provided, That the low responsive bid of a United 
States contractor does not exceed the lowest responsive bid of a 
foreign contractor by greater than 20 per centum. 
SEC. 116. During tne current fiscal year none of the funds available 
to the Department of Defense for military construction or family 
housing shall be available to furnish or install solar energy systems 
in new facilities (including family housing) unless such systems can 
be shown to be cost effective using the sum of all capital and 
operating expenses associated with the energy system of the building 
involved over the expected life of such system or during a period of 
twenty-five years, whichever is shorter, and using marginal fuel costs 
as determined by the Secretary of Defense and at a discount rate of 7 
per centum per year. 
SEC. 117, No part of the funds appropriated in this Act may be 
obligated for design of any site-specific facilities for the MX missile 
system until all terms, conditions, and requirements of the National 
Environmental Policy Act (42 U.S.C. 4332) are met. 
SEC. 118. 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. 
Foreign projects. 
Family housing. 
Notification to 
Committee on 
Appropriations. 
Base 
realignment 
or closure 
activities. 
42 u s e 4321 
note. 
Steel 
procurement. 
Notification to 
congressional 
committees. 
94 Stat. 1760. 
Indian Ocean 
dredging. 
Solar energy 
systems, 
installation. 
MX missile 
facilities, 
design. 
Foreign real 
property 
taxes. 
95 STAT. 1508 
PUBLIC LAW 97-106—DEC. 23, 1981 
Illegal alien 
employment. 
Consulting 
service 
contracts. 
Short title. 
SEC. 119. No part of 
the funds appropriated in this Act may be used 
to pay the compensation of an officer of the Government of the 
United States or to reimburse a contractor for the employment of a 
person for work in the continental United States by any such person 
if such person is an alien who has not been lawfully admitted to the 
United States. 
SEC. 120. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public inspec-
tion, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law. 
SEC. 121. Notwithstanding any other provision of law, any funds 
appropriated to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for 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 proiect 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. 122. It is the sense of the Congress that the administration 
should call on the pertinent member nations of the North Atlantic 
Treaty Organization and on Japan to meet or exceed their pledges for 
at least a 3 per centum real increase in defense spending in further-
ance of increased unity, equitable sharing of our common defense 
burden, and international stability. 
This Act may be cited as the "Military Construction Appropriation 
Act, 1982". 
Approved December 23, 1981. 
LEGISLATIVE HISTORY-H.R. 4241: 
HOUSE REPORTS: No. 97-193 (Comm. on Appropriations) and No. 97-400 (Comm. of 
ConfcrGiicc). 
SENATE REPORT No. 97-271 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 127 (1981): 
Sept. 16, considered and passed House. 
Dec. 4, considered and passed Senate, amended. 
Dec. 15, House and Senate agreed to conference report.