Military Construction Appropriations Act, 1993
PL 102-380 (H.R.5428), enacted 10/05/1992

106 STAT. 1366 
PUBLIC LAW 102-380—OCT. 5, 1992 
Public Law 102-880 
102d Congress 
An Act 
Oct. 5, 1992 
[H.R. 5428] 
Military 
Construction 
Appropriations 
Act, 1993. 
Armed Forces. 
Making appropriations for military construction for the Department of Defense 
for tiie fiscal year ending September 30, 1993, 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, 1993, for military construction functions administered by the 
Department of Defense, and for other purposes, namely: 
MILITARY CONSTRUCTION, ARMY 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, facili-
ties, 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, $425,270,000, to remain 
available until September 30, 1997: Provided, That of this amount, 
not to exceed $110,000,000 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 
Appropriations of both Houses of Congress of his determination 
ana the reasons therefor. 
MILITARY CONSTRUCTION, NAVY 
For acquisition, construction, installation, and equipment of 
temporary 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, $368,887,000, to remain available until September 30, 
1997: Provided, That of this amount, not to exceed $70,000,000 
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. 
MILITARY CONSTRUCTION, AIR FORCE 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, facili-
ties, and real property for the Air Force as currently authorized 
by law, $717,280,000, to remain available until September 30, 1997: 
Provided, That of this amount, not to exceed $92,000,000 shall 
be available for study, planning, design, architect and engineer 
PUBLIC LAW 102-380—OCT. 5, 1992 
106 STAT. 1367 
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. 
MILITARY CONSTRUCTION, DEFENSE AGENCIES 
(INCLUDING TRANSFER OF FUNDS) 
For acquisition, construction, installation, and equipment of 
temporary 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 author-
ized by law, $262,116,000, to remain available until September 
30, 1997: Provided, That such amounts of this appropriation 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, 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 $83,168,000 
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: Provided 
further. That the Secretary of Defense shall continue the construc-
tion of a composite medical replacement facility located at Nellis 
Air Force Base, Nevada, as authorized in the Military Construction 
Authorization Act for Fiscal Years 1990 and 1991 (division B of 
Public Law 101-189) and the Military Construction Authorization 
Act for Fiscal Year 1991 (division B of Public Law 101-510) and 
as provided for in the Military Construction Appropriations Act, 
1990 (Public Law 101-148) and the Military Construction Appro-
priations Act, 1991 (Public Law 101-519). 
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 
international military headquarters) and for related expenses for 
the collective defense of the North Atlantic Treaty Area as author-
ized in military construction Acts and section 2806 of title 10, 
United States Code, $60,000,000, to remain available 
until 
expended. 
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 
construction authorization Acts, $209,639,000, to remain available 
until September 30, 1997. 
106 STAT. 1368 
PUBLIC LAW 102-380—OCT. 5, 1992 
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 
chapter 133 of title 10, United States Code, and military construc-
tion authorization Acts, $287,559,000, to remain available until 
September 30,1997. 
MILITARY CONSTRUC3TION, ARMY RESERVE 
For construction, acquisition, exp£uision, 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, 
$42,150,000, to remain available imtil September 30,1997. 
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 
construction authorization Acts, $15,400,000, to remain available 
until September 30,1997. 
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, 
$29,900,000, to remain available until September 30,1997. 
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, $160,122,000, to remain available until September 
30, 1997; for Operation and maintenance, and for debt payment, 
$1,363,697,000; in all $1,523,819,000. 
FAMILY HOUSING, NAVY AND MARINE CORPS 
For expenses of family housing for the Navy and Marine Corps 
for construction, including acquisition, replacement, addition, 
expansion, extension and alteration and for operation and mainte-
nance, including debt payment, leasing, minor construction, prin-
cipal and interest charges, and insiirance premiums, as authorized 
by law, as follows: for Construction, $378,434,000, to remain avail-
able until September 30, 1997; for Operation and maintenance, 
and for debt payment, $661,246,000; in all $1,039,680,000. 
PUBLIC LAW 102-380—OCT. 5, 1992 
106 STAT. 1369 
FAMILY HOUSING, AIR FORCE 
For expenses of family housing for the Air Force for construc-
tion, including acquisition, replacement, addition, expansion, exten-
sion 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, $283,786,000, to remain available until September 
30, 1997; for Operation and maintenance, and for debt payment, 
$927,941,000; in all $1,211,727,000. 
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 operation and maintenance, leasing, and minor construction, 
as authorized by law, $28,400,000. 
HOMEOWNERS ASSISTANCE FUND, DEFENSE 
For use in the Homeowners Assistance Fund established pursu-
ant to section 1013(d) of the Demonstration Cities and Metropolitan 
Development Act of 1966 (Public Law 89-754, as amended), 
$133,000,000. 
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART I 
For deposit into the Department of Defense Base Closure 
Account established by section 207(aXl) of the Defense Authoriza-
tion Amendments and Base Closure and Realignment Act (Public 
Law 100-526), $415,700,000, to remain available for obligation until 
September 30, 1995: Provided, That none of these funds may be 
obligated for base realignment and closure activities luider Public 
Law 100-526 which would cause the Department's $1,800,000,000 
cost estimate for military construction and family housing related 
to the Base Realignment and Closure Program to be exceeded: 
Provided further, That not less than $134,600,000 of the funds 
appropriated herein shall be available solely for environmental 
restoration. 
BASE REALIGNMENT 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), 
$1,618,600,000, to remain available until expended: Provided, That 
not less than $308,900,000 of the funds appropriated herein shall 
be available solely for environmental restoration. 
GENERAL PROVISIONS 
SEC. 101. None of the funds appropriated in Military Construc-
tion Appropriations Acts shall be expended for pa3niients imder 
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. 
106 STAT. 1370 
PUBLIC LAW 102-380—OCT. 5, 1992 
SEC. 102. Funds 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 Military Construction 
Appropriations Acts shall be used for purchase of land or land 
easements in excess of 100 per centum of the value as determined 
bv the Army Corps of Engineers or the Naval Facilities Engineering 
Uommand, 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 
$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 Military Construc-
tion Appropriations Acts shall he used to (1) acquire land, (2) 
provide for site preparation, or (3) install utilities for any family 
housing, except housing for which fiinds have been made available 
in annual Military Construction Appropriations Acts. 
SEC. 107. None of the funds appropriated in Military Con-
struction Appropriations Acts 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 Military 
Construction Appropriations Acts may be used for the procurement 
of steel for any construction project or activity for which American 
steel producers, fabricators, and manufacturers 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. 
SEC. 110. None of the funds appropriated in Military Construc-
tion Appropriations Acts 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 Military Construc-
tion Appropriations Acts 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 Military Construc-
tion Appropriations Acts for military construction in the United 
States territories and possessions in the Pacific and on Kwajalein 
Atoll may be used to award any contract estimated by the Govern-
ment 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 contrac-
PUBLIC LAW 102-380—OCT. 5, 1992 
106 STAT. 1371 
tor 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, eitner 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, shall be transferred to the appropriations 
for Family Housing, 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 Military Construction Appropriations Acts 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 shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress. 
SEC. 117. The Secretary of Defense is to provide the Committees Reports. 
on Appropriations of the Senate and the House of Representatives 
with an annual report by February 15, containing aetails of the 
specific actions proposed to be taken by the Department of Defense 
during the current fiscal year 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 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 10 USC 2860 
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 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 Operation 
and maintenance of Family Housing, no more than $14,000,000 
may be obligated for contract cleaning of family housing units. 
note. 
106 STAT. 1372 
PUBLIC LAW 102-380—OCT. 5, 1992 
(TRANSFER OF FUNDS) 
10 use 2860 
SEC. 121. During the five-year period after appropriations avail-
"°*®- 
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 
obligations incurred during the period of availability of such appro-
priations, unobligated balances of such appropriations may be trans-
ferred 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 appropria-
tion to which transferred. 
SEC. 122. 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. 123. Such sums as may be necessary for annual pay 
raises for programs funded by Military Construction Appropriations 
Acts shall be absorbed within the levels appropriated in each annual 
Military Construction Appropriations Act. 
SEC. 124. Defense access roads for Camp McCain, Mississippi, 
shall be considered as fully meeting the certification requirements 
specified in section 210 of title 23 of the United States Code. 
10 use 2687 
SEC. 125. (a) The environmental response task force established 
"°*®' 
in section 2923(c) of the National Defense Authorization Act for 
Fiscal Year 1991 (PubUc Law 101-510; 104 Stat. 1821) shall 
reconvene and shall, until the date (as determined by the Secretary 
of Defense) on which all base closure activities required under 
title II of the Defense Authorization Amendments and Base Closure 
and Realignment Act (Public Law 100-526; 102 Stat. 2627) are 
completed— 
(1) monitor the progress of relevant Federal and State 
agencies in implementing the recommendations of the task 
force contained in the report submitted under paragraph (1) 
of such section; and 
Reports. 
(2) annually submit to the Congress a report containing— 
(A) recommendations concerning ways to expedite and 
improve 
environmental 
response 
actions 
at 
military 
installations (or portions of installations) that are being 
closed or subject to closure imder such title; 
(B) any additional recommendations that the task force 
considers appropriate; and 
(C) a summary of the progress made by relevant Fed-
eral and State agencies in implementing the recommenda-
tions of the task force. 
(b) The task force shall consist of— 
(1) the individuals (or their designees) described in section 
2923(cX2) of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1821); and 
PUBLIC LAW 102-380—OCT. 5, 1992 
106 STAT. 1373 
(2) a representative of the Urban Land Institute (or such 
representative's designee), appointed by the Speaker of the 
House of Representatives and the Mcgority Leader of the 
Senate. 
SEC. 126. 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. 127. None of the funds appropriated in this Act may 
be used to support the design or construction of any project to 
expand or rehabilitate the Pentagon reservation. 
This Act may be cited as the 'Military Construction Appropria-
tions Act, 1993". 
Approved October 5, 1992. 
LEGISLATIVE HISTORY—H.R. 5428: 
HOUSE REPORTS: Nos. 102-580 (Comm. on Appropriations) and 102-888 (Comm. of 
0oilf6F6IlC6) 
SENATE REPORTS: No. 102-355 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
June 23, considered and passed House. 
Aug. 5, considered and passed Senate, amended. 
Sept. 24, House agreed to conference report; concurred in certain Senate 
amendment, in others with amendments. 
Sept. 25, Senate agreed to conference report; concurred in House amendments.