A bill making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1989, and for other purposes.
PL 100-447 (H.R.4586), enacted 09/27/1988

PUBLIC LAW 100-447—SEPT. 27, 1988 ... 
102 STAT. 1829 
Public Law 100-447 ^ 
100th Congress 
An Act 
Making appropriations for military construction for the Department of Defense for 
Sept. 27,1988 
the fiscal year ending September 30, 1989, and for other purposes. 
[H.R. 4586] 
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 fisccd year ending September 30, 
1989, for military construction functions administered by the 
Department of Defense, and for other purposes, namely: 
MiuTARY CONSTRUCTION, ARMY 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, facilities, 
and real property for the Army as currently authorized by law, and 
for construction and operation of facilities in support of the func-
tions of the Commander in Chief, $927,292,000, to remain available 
until September 30, 1993: Provided, That of this amount, not to 
exceed $95,000,000 shall be avEiilable 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. 
MILITARY CONSTRUCTION, NAVY 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, naval installations, facilities, 
and real property for the Navy as currently authorized by law, 
including personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of this appro-
priation, $1,576,516,000, of which amount, $38,080,000 for the 
TACAMO mission shall not be available for obligation or expendi-
ture before October 15,1988, and, of the amount appropriated, funds 
allocated for homeporting at Everett, Washington may be obligated 
and expended for any homeporting military construction activity at 
that installation, except actual dredging and disposal of contami-
nated sediment, and that such funds may be expended for actual 
dredging and disposal of contaminated sediments once requirements 
of the Federal Water Pollution Control Act have been satisfied, to 
remain available until September 30, 1993: Provided, That of this 
amount, not to exceed $129,000,000 shall be available for study, 
planning, design, architect and engineer services, as authorized by 
law, unless the Secretary of Defense determines that additionsd 
obligations are necessary for such purposes and notifies the Commit-
tees on Appropriations of both Houses of Congress of his determina-
tion and the reasons therefor. 
102 STAT. 1830 
PUBLIC LAW 100-447—SEPT. 27, 1988 
COAST GUARD SHORE FACILITIES 
For construction, rebuilding and improvement of shore facilities 
of the United States Coast Guard, $50,300,000 to remain available 
until September 30,1993. 
MILITARY CONSTRUCTION, AIR FORCE 
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, 
$1,225,926,000, to remain available until September 30, 1993: Pro-
vided, That of this amount, not to exceed $112,000,000 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. 
MiuTARY CONSTRUCTION, DEFENSE AGENCIES 
(INCLUDING TRANSFER OF FUNDS) 
(INCLUDING RESCISSION) 
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, $679,533,000, to remain available until September 30, 1993: 
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 $55,000,000 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, 
101 Stat. 1329- 
Defense Agencies" under Public Law 100-202, $19,548,000 is hereby 
312. 
rescinded. 
NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE 
For the United States share of the cost of North Atlantic Treaty 
Organization Infrastructure programs for the acquisition and 
construction of military facilities and installations (including inter-
nationsil 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 CJode, $492,000,000, to remain available until expended. 
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PUBLIC LAW 100-447—SEPT. 27, 1988 
102 STAT. 1831 
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, $229,158,000, to remain available until 
September 30,1993. 
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 
Acts, $158,508,000, to remain available until September 30, 1993. 
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, $85,958,000, to 
remain available until September 30,1993. 
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, $60,900,000, to remain available until 
September 30,1993. 
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, $70,600,000, to 
remain available until September 30,1993. 
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, $197,278,000; for Operation and maintenance, and 
for debt payment, $1,330,324,000; in all $1,527,602,000: Provided, 
That the amount provided for construction shall remain available 
until September 30,1993. 
FAMILY HOUSING, NAVY AND MARINE CORPS 
For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expan-
102 STAT. 1832 
PUBLIC LAW 100-447—SEPT. 27, 1988 
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, $244,181,000; for Operation and mainte-
nance, and for debt payment, $554,988,000; in all $799,169,000: Pro-
vided, That the amount provided for construction shall remain 
available until September 30, 1993: Provided further, That of this 
amount, not to exceed $50,000 shall be available to liquidate obliga-
tions incurred for debt payment during fiscal year 1987. 
FAMILY HOUSING, AIR FORCE 
For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension 
and alteration and for operation and maintenance, including debt 
payment, leasing, minor construction, principal and 
interest 
charges, and insurance premiums, as authorized by law, as follows: 
for Construction, $175,685,000; for Operation and maintenance, and 
for debt payment, $735,266,000; in all $910,951,000: Provided, That 
the amount provided for construction shall remain available until 
September 30,1993. 
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, $513,000; for Operation and maintenance, 
$20,187,000; in all $20,700,000: Provided, That the amount provided 
for construction shall remain available until September 30, 1993. 
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, to remain available until expended. 
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 
therefor. 
SEC. 102. Funds herein appropriated to the Department of Defense 
for construction shall be available for hire of passenger motor 
vehicles. 
SEC. 103. Funds appropriated to the Department of Defense for 
construction may be used for advances to the Federal Highway 
Administration, Department of Transportation, for the construction 
of access roads as authorized by section 210 of title 23, United States 
Code, when projects authorized therein are certified as important to 
the national defense by the Secretary of Defense. 
PUBLIC LAW 100-447—SEPT. 27, 1988 
102 STAT. 1833 
SEC. 104. None of the funds appropriated in this Act may be used 
to b ^ i n 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. 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 
and responsible bid of a United States contractor does not exceed 
the lowest responsive and responsible bid of a foreign contractor by 
greater thsm 20 per centum. 
SEC. 110. None of the funds available to the Department of 
Defense for military construction or family housing during the 
current fiscal year may be used to pay real property taxes in any 
foreign nation. 
SEC. 111. No part of the funds appropriated in this Act may be 
used to pay the compensation of an officer of the Grovernment of the 
United States or to reimburse a contractor for the emplojonent 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 adinitted to the 
United States. 
SEC. 112. 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 avgdlable for public inspec-
tion, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law. 
SEC. 113. None of the funds in this Act may be used to initiate a 
new installation overseas without prior notification to the Commit-
tees on Appropriations. 
SEC. 114. 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. 
Contracts. 
Records. 
Public 
information. 
102 STAT. 1834 
PUBLIC LAW 100-447—SEPT. 27, 1988 
SEC. 115. 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. 116. The Secretary of Defense is to inform the Committees on 
Appropriations and Committees on Armed Services of the plans and 
scope of any proposed military exercise involving United States 
personnel 30 days prior to its occurring, if amounts expended for 
construction, either temporary or permanent, are anticipated to 
exceed $100,000. 
(TRANSFER OF FUNDS) 
« 
SEC. 117. 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 1989, 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. 118. 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. 119. Funds appropriated to the Department of Defense for 
construction in prior years are hereby made available for construc-
tion authorized for each such military department by the authoriza-
tions enacted into law during the second session of the One Hun-
dredth Congress. 
Reports. 
SEC. 120. 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, 1989, containing details of the specific 
actions proposed to be taken by the Department of Defense during 
fiscal year 1989 to encourage other member nations of the North 
Atlantic Treaty Organization and Japan to assume a greater share 
of the conunon defense burden of such nations and the United 
States. 
SEC. 121. For military construction or family housing projects that 
are being completed with funds otherwise expired or lapsed for 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design 
on those projects and on suteequent claims, if any. 
SEC. 122. Notwithstanding any other provision of law, the Sec-
retary of the Air Force is required to maintain legislative liaison to 
the House and Senate Appropriations Subcommittees on Military 
Construction and budgetmy and fiscal management of the Military 
Construction and Military Family Housing appropriations in a 
manner identical to the method employed as of September 30, 1986. 
PUBLIC LAW 100-447—SEPT. 27, 1988 
102 STAT. 1835 
SEC. 123. None of the funds appropriated in this Act, except for 
North Atlantic Treaty Organization Infrastructure funds, may be 
used for planning, design, or construction of military facilities or 
family housing to support the relocation of the 401st Tactical 
Fighter Wing from Spain to another country. 
SEC. 124. Notwithstanding any other provision of law, any funds 
10 USC 2860 
appropriated to a military department or defense agency for the note. 
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. 125. Notwithstanding any other provision of law, the Sec- Housing. 
retary of Defense shall include in the fiscal year 1990 program a 
legislative proposal to authorize the installment purchase of family 
housing units, and the budget request for fiscal year 1990 shall 
include such sums as necessary to implement a pilot program for 
not to exceed 3,000 units. 
SEC. 126. Of the funds appropriated in this Act for Operations and 
maintenance of Family Housing, no more than $30,000,000 may be 
obligated for contract cleaning of family housing units. 
SEC. 127. None of the funds appropriated in this Act may be used 
for the design, construction, operation or maintenance of new family 
housing units in the Republic of Korea in connection with any 
increase in accompanied tours after June 6,1988. 
SEC. 128. None of the funds appropriated in this Act may be 
obligated or expended for the purpose of transferring any equip-
ment, operation, or personnel from the Edgewood Arsenal, Mary-
land, to any other facility during fiscal year 1989. 
SEC. 129. None of the funds appropriated in this Act for planning 
and design activities may be used to initiate design of the Pentagon 
Annex. 
SEC. 130. None of the funds appropriated in this Act for the 
National Test Facility or any other components of the National Test 
Facility may be used to provide any operational battle management, 
command, control or communications capabilities for an early 
deplo3anent of a ballistic missile defense system: Provided, That the 
goal of the National Test Bed should be to simulate, evaluate, and 
demonstrate architecture and technologies that are technically fea-
sible, cost-effective at the margin, and survivable. 
SEC. 131. Such sums as may be necessary for fiscal year 1989 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act. 
Approved September 27, 1988. 
LEGISLATIVE HISTORY—H.R. 4586: 
HOUSE REPORTS: No. 100-620 (Comm. on Appropriations) and No. 100-912 (Ck)mm. 
of Conference). 
SENATE REPORTS: No. 100-380 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
May 18, considered and passed House. 
June 15, considered and passed Senate, amended. 
Sept. 14, House agreed to conference report; receded and concurred in Senate 
amendment, in others with amendments; and insisted on disagreement to 
another Senate amendment. Senate agreed to conference report; concurred in 
certain House amendments and receded from another. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
Sept. 27, Presidential statement.