106 stat 2580

Upload: ncwazzy

Post on 08-Apr-2018

226 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/7/2019 106 Stat 2580

    1/192

    Citation: 106 Stat. 1992

    Content downloaded/printed from

    HeinOnline (http://heinonline.org)

    Thu Apr 16 12:26:04 2009

    -- Your use of this HeinOnline PDF indicates your acceptance

    of HeinOnline's Terms and Conditions of the licenseagreement available at http://heinonline.org/HOL/License

    -- The search text of this PDF is generated from

    uncorrected OCR text.

  • 8/7/2019 106 Stat 2580

    2/192

    PUBLIC LAW 102-484-OCT. 23, 1992(3) is not providing weapons or finds to any group, inany other country, that seeks the violent overthrow or thegovernment of that country.

    22 USC 6007. SEC. 1705. POLICY TOWARD A DEMOCRATIC CUBAN GOVERNMENT.(a) WAIvER OF RESTRICTIONS.-The President may waive therequirements of section 1706 if the President determines andreports to the Congress that the Government of Cuba-

    (1) has held free and fair elections conducted under inter-nationally recognized observers;(2) has permitted opposition parties ample time to organizeand campaign for such elections, and has permitted full accessto the media to all candidates in the elections;(3) is showing respect for the basic civil liberties and humanrights of the citizens of Cuba;(4) is moving toward establishing a free market economicsystem; and(5) has committed itself to constitutional change that wouldensure regular free and fair elections that meet the require-ments of paragraph (2).(b) POLICIES.-If the President makes a determination undersubsection (a), the President shall take the following actions withrespect to a Cuban Government elected pursuant to electionsdescribed in subsection (a):(1) To encourage the admission or reentry of such govern-ment to international organizations and international financialinstitutions.(2) To provide emergency relief during Cuba's transitionto a viable economic system.(3) To take steps to end the United States trade embargoof Cuba.

    22 USC 6008. SEC. 1709. EXISTING CLAIMS NOT AFFECTED.Except as provided in section 1705(a), nothing in this titleaffects the provisions of section 620(a)(2) of the Foreign AssistanceAct of 1961.

    22 USC 6009. SEC. 1710. ENFORCEMENT.(a) ENFORCEMENT AuTHORITY.-The authority to enforce thistitle shall be carried out by the Secretary of the Treasury. TheSecretary of the Treasury shall exercise the authorities of theTrading With the Enemy Act in enforcing this title. In carryingout this subsection, the Secretary of the Treasury shall take thenecessary steps to ensure that activities permitted under section1705 are carried out for the purposes set forth in this title and

    not for purposes of the accumulation by the Cuban Governmentof excessive amounts of United States currency or the accumulationof excessive profits by any person or entity.(b) AUTHORIZATION OF APPROPRIATIONS.-There are authorizedto be appropriated to the Secretary of the Treasury such sumsas may be necessary to carry out this title.(c) PENALTIES UNDER THE TRADING WITH THE ENEMY ACT.-Section 16 of the Trading With the Enemy Act (50 U.S.C. App.16) is amended-(1) by striking "That whoever" and inserting "(a) Whoever";and (2) by adding at the end the following:

    106 STAT. 2580

  • 8/7/2019 106 Stat 2580

    3/192

    PUBLIC LAW 102-484-OCT. 23, 1992"(bXl) The Secretary of the Treasury may impose a civil penaltyof not more than $50,000 on any erson who violates any license,order, rule, or regulation issued under this Act."(2) Any property, funds, securities, paprs, or other articlesor documents, or any vessel, together with its tackle, apparel,furniture, and equipment, that is the subject of a violation underparagaph (1) shall, at the discretion of the Secretary of the Treas-ury, be forfeited to the United States Government."(3) The penalties provided under this subsection may not beimposed for-"(A) news gathering, research, or the export or importof, or transmission of, information or informational materials;or "(B) clearly defined educational or religious activities, oractivities of recognized human rights organizations, that arereasonably limited in frequency, duration, and number ofparticipants."(4) The penalties provided under this subsection may beimposed only on the record after opportunity for an agency hearingin accordance with sections 554 through 557 of title 5, UnitedStates Code, with the right to prehearing discovery."(5) Judicial review of any penalty imposed under this sub-section may be had to the extent provided in section 702 of title5, United States Code.".(d) APPLICABILITY OF PENALTIES.-The penalties set forth insection 16 of the Trading With the Enemy Act shall apply toviolations of this title to the same extent as such penalties applyto violations under that Act.(e) OFFICE OF FOREIGN ASSETS CONTROL.-The Departmentof the Treasury shall establish and maintain a branch of the Officeof Foreign Assets Control in Miami, Florida, in order to strengthenthe enforcement of this title.

    SEC. 1711. DEFINITION. 22 USC 6010.As used in this title, the term "United States person" means

    any United States citizen or alien admitted for permanent residencein the United States, and any corporation, partnership, or otherorganization organized under the laws of the United States.SEC. 1712. EFFECTIVE DATE. 22 US C 6001

    This title shall take effect on the date of the enactment of note.this Act.TITLE XVIJI-FEDERAL CHARTERS FOR PATRIOTIC

    ORGANIZATIONSSubtitle A-Military Order of the World Wars

    SEC. 1801. RECOGNITION AS CORPORATION AN D GRANT OF FEDERAL 36 US C 5001.CHARTER.The Military Order of the World Wars, a nonprofit corporationorganized under the laws of the District of Columbia, is recognizedas such and is granted a Federal charter.

    SEC. 1802. POWERS. 86 USC 5002.The Military Order of the World Wars (in this subtitle referredto as the "corporation") shall have only those powers granted toit through its bylaws and articles of incorporation filed in the

    106 STAT. 2581

    HeinOnline -- 106 Stat. 2581 1992

  • 8/7/2019 106 Stat 2580

    4/192

  • 8/7/2019 106 Stat 2580

    5/192

    PUBLIC LAW 102-484-OCT. 23, 1992 106 STAT. 2583tion to the officers of the corporation or reimbursement for actualnecessary expenses in amounts approved by the board of directors.(b) LOANS.-The corporation may not make any loan to anyofficer, director, or employee of the corporation.(c) STOCK.-The corporation shall have no power to issue anyshares of stock or to declare or pay anydividends.(d) CONGRESSIONAL APPROVAL-The corporation shall not claimcongressional approval or the authorization of the Federal Govern-ment for any of its activities by virtue of this subtitle.SEC. 1810. LIABILITY. 36 USC 5010The corporation shall be liable for the acts of its officers andagents whenever such officers and agents have acted within thescope of their authority.SEC. 1811. BOOKS AND RECORDS. 36 US C 5011.The corporation shall keep correct and complete books andrecords of account and minutes of any proceeding of the corporationinvolving any of its members, the board of directors, or any commit-tee having authority under the board of directors. The corporationshall keep, at its principal office, a record of the names andaddresses of all members having the right to vote in any proceedingof the corporation. All books and records of such corporation maybe inspected by any member having the right to vote in any corpora-tion proceeding, or by any agent or attorney of such member,for any proper purpose at any reasonable time. Nothing in thissection shall be construed to contravene any applicable State law.SEC. 1812. AUDIT OF FINANCIAL TRANSACTIONS.The first section of the Act entitled "An Act to provide foraudit of accounts of private corporations established under Federallaw", approved August 30, 1964 (36 U.S.C. 1101), is amended byadding at the end the following:"(75) The Military Order of the World Wars.".SEC. 1813. ANNUAL REPORT. 36 USC 5012.

    The corporation shall report annually to the Congress concern-ing the activities of the corporation during the preceding fiscalyear. Such annual report shall be submitted at the same timeas the report of the audit required by section 2 of the Act referredto in section 1812. The report shall not be printed as a publicdocument.SEC. 1814. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER. 36 USC 5013.The right to alter, amend, or repeal this section is expresslyreserved to the Congress.SEC. 1815. TAX-EXEMPT STATUS. 36 USC 5014.

    The corporation shall maintain its status as an organizationexempt from taxation as provided in the Internal Revenue Codeof 1986. If the corporation fails to maintain such status, the chartergranted by this subtitle shall expire.SEC. 1815. TERMINATION. 36 USC 5015.The charter granted by this subtitle shall expire if the corpora-tion fails to comply with-(1) any restriction or other provision of this subtitle;(2) any provision of its bylaws or articles of incorporation;

    HeinOnline -- 106 Stat. 2583 1992

  • 8/7/2019 106 Stat 2580

    6/192

    PUBLIC LAW 102-484--OCT. 23, 1992(3) any provision of the laws of the District of Columbia

    that apply to corporations such as the corporation recognizedunder this subtitle.36 USC 5016. SEC. 1817. DEFINITION.

    For purposes of this subtitle, the term "State" includes theDistrict of Columbia, the Commonwealth of Puerto Rico, theCommonwealth of the Northern Mariana Islands, and the territoriesand possessions of the United States.

    Subtitle B-Retired Enlisted Association, Incorporated36 USC 5101. SEC. 1821. RECOGNITION AS CORPORATION AN D GRANT OF FEDERAL

    CHARTER.The Retired Enlisted Association, Incorporated, a nonprofit cor-poration organized under the laws of the State of Colorado, isrecognized as such and is granted a Federal charter.

    36 USC 5102. SEC. 1822. POWERS.The Retired Enlisted Association, Incorporated (in this subtitle

    referred to as the "corporation") shall have only those powersgranted to it through its bylaws and articles of incorporation filedin the State in which it is incorporated and subject to the lawsof such State.36 USC 5103. SEC. 1823. OBJECTS AN D PURPOSES.

    The objects and purposes of the corporation are those providedin its bylaws and articles of incorporation and shall include thefollowing:(1) Upholding and defending the Constitution of the UnitedStates.(2) Promoting health, prosperity, and scholarship amongits members and their dependents and survivors throughbenevolent programs.(3) Assisting veterans and their dependents and survivorsthrough a service program established for that purpose.(4) Improving conditions for retired enlisted service mem-bers, veterans, and their dependents and survivors.(5) Fostering fraternal and social activities among its mem-bers in recognition that cooperative action is required for thefurtherance of their common interests.

    36 USC 5104. SEC. 1824. SERVICE OF PROCESS.With respect to service of process, the corporation shall complywith the laws of the State in which it is incorporated and thoseStates in which it carries on its activities in furtherance of itscorporate purposes.

    36 USC 5105. SEC. 1825. MEMBERSHIP.Except as provided in section 1828, eligibility for membershipin the corporation and the rights and privileges of members ofthe corporation shall be as provided in the articles of incorporationand bylaws of the corporation.

    36 USC 5106. SEC. 1828. BOARD OF DIRECTORS.Except as provided in section 1828, the composition of theboard of directors of the corporation and the responsibilities of

    such board shall be as provided in the articles of incorporation

    106 STAT. 2584

  • 8/7/2019 106 Stat 2580

    7/192

    PUBLIC LAW 102-484-OCT. 23, 1992of the corporation and in conformity with the laws of the Statein which it is incorporated.SEC. 1827. OFFICERS OF CORPORATION. 36 USC 5107.

    Except as provided in section 1828, the positions of officersof the corporation and the election of members to such positionsshall be as provided in the articles of incorporation of the corpora-tion and in conformity with the laws of the State in which itis incorporated.SEC. 1828. PROHIBITION AGAINST DISCRIMINATION. 36 USC 5108.

    In establishing the conditions of membership in the corporationand in determining the requirements for serving on the boardof the directors or as an officer of the corporation, the corporationmay not discriminate on the basis of race, color, religion, sex,handicap, age or national origin.SEC. 1829. RESTRICTIONS. 36 USC 5109.(a) INCOME AND COMPENSATION.-No part of the income orassets of the corporation may inure to the benefit of any member,officer, or director of the corporation or be distributed to any suchindividual during the life of this charter. Nothing in this subsectionshall be construed to prevent the payment of reasonable compensa-tion to the officers of the corporation or reimbursement for actualnecessary expenses in amounts approved by the board of directors.(b) LOANS.-The corporation may not make any loan to anyofficer, director, or employee of the corporation.(c) STOCK.-The corporation shall have no power to issue anyshares of stock nor to declare or pay any dividends.(d) CONGRESSIONAL APPRovAL.-The corporation shall not claimcongressional approval or the authorization of the Federal Govern-ment for any of its activities by virtue of this subtitle.SEC. 1830. LIABILTY. 36 US C 5110.

    The corporation shall be liable for the acts of its officers andagents whenever such officers and agents have acted within thescope of their authority.SEC. 1831. BOOKS AND RECORDS. 36 USC 5111.

    The corporation shall keep correct and complete books andrecords of account and minutes of any proceeding of the corporationinvolving any of its members, the board of directors, or any commit-tee having authority under the beard of directors. The corporationshall keep, at its principal office, a record of the names andaddresses of all members having the right to vote in any proceedingof the corporation. All books and records of such corporation maybe inspected by any member having the right to vote in any corpora-tion proceeding, or by any agent or attorney of such member,for any proper purpose at any reasonable time. Nothing in thissection shall be construed to contravene any applicable State law.SEC. 1832. AUDIT OF FINANCIAL TRANSACTIONS.

    The first section of the Act entitled "An Act to provide foraudit of accounts of private corporations established under Federallaw," approved August 30, 1964 (36 U.S.C. 1101), as amendedby section 1812 of this Act, is further amended by adding at theend the following:"(76) The Retired Enlisted Association, Incorporated.".

    106 STAT. 2585

    HeinOnline -- 106 Stat. 2585 1992

  • 8/7/2019 106 Stat 2580

    8/192

    PUBLIC LAW 102-484-OCT. 23 , 199236 USC 5112. SEC. 1833. ANNUAL REPORT.

    The corporation shall report annually to the Congress concern-ing the activities of the corporation during the preceding fiscalyear. Such annual report shall be submitted at the same timeas the report of the audit required by section 2 of the Act referredto in section 1832. The report shall not be printed as a publicdocument.36 US C 5113. SEC. 1834. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER.The right to alter, amend, or repeal this section is expresslyreserved to the Congress.36 USC 5114. SEC. 1835. TAX-EXEMPT STATUS.

    The corporation shall maintain its status as an organizationexempt from taxation as provided in the Internal Revenue Codeof 1986. If the corporation fails to maintain such status, the chartergranted by this subtitle shall expire.36 USC 5115. SEC. 1836. EXCLUSIVE RIGHTS TO NAMES.

    The corporation shall have the sole and exclusive right touse the names "The Retired Enlisted Association, Incorporated","The Retired Enlisted Association", "Retired Enlisted Association",and "TREA", and such seals, emblems, and badges as the corpora-tion may lawfully adopt. Nothing in this section may be construedto conflict or interfere with rights that are established or vestedbefore the date of the enactment of this Act.

    36 USC 5116. SEC. 1837. TERMINATION.If the corporation fails to comply with any of the restrictionsor provisions of this subtitle, the charter granted by this subtitleshall expire.

    36 USC 5117. SEC. 1838. DEFINITION.For purposes of this subtitle, the term "State" includes theDistrict of Columbia, the Commonwealth of Puerto Rico, theCommonwealth of the Northern Mariana Islands, and the territoriesand possessions of the United States.

    Military DIVISION B-MILITARY CONSTRUCTIONConstructionAuthorization AUTHORIZATIONSAct for FiscalYear 1993.SEC. 2001. SHORT TITLE.

    This division may be cited as the 'Iilitary ConstructionAuthorization Act for Fiscal Year 1993".TITLE XXIM-ARMY

    SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-TION PROJECTS.

    (a) INSIDE THE UNITED STATES.-Using amounts appropriatedpursuant to the authorization of appropriations in section2105(aXl), and, in the case of the project described in section2105(bX2), other amounts appropriated pursuant to authorizationsenacted after this Act for such project, the Secretary of the Armymay acquire real property and carry out military construction

    106 STAT. 2586

  • 8/7/2019 106 Stat 2580

    9/192

    PUBLIC LAW 102-484-OCT. 23, 1992projects for the installations and locations inside the United States,and in the amounts, set forth in the following table:

    Army: Inside the United StatesState Installation or location Amount

    Alabama .....................Alaska ........................Arkansas ....................California ...................Colorado .....................Georgia .......................

    H awaii ........................Kansas .......................Kentucky ....................Louisiana ...................Maryland ...................New Jersey ................New Mexico ...............N ew York ...................

    North Carolina ..........Oklahoma ...................Pennsylvania .............Texas ..........................

    Utah ...........................Virginia ......................CONUS Classified .....

    Anniston Army Depot ..................Fort McClellan .............................Fort W ainwright ..........................Pine Bluff Arsenal .......................Sierra Army Depot .......................Fitzsimons Army Medical CenterFort Gillem ...................................Fort Gordon ..................................Fort McPherson ............................Hunter Army Airfield ..................Schofield Barracks .......................Fort Riley ......................................Fort Knox ......................................Fort Polk .......................................Aberdeen Proving Ground ...........Fort Monmouth ............................Picatinny Arsenal .........................White Sands Missile Range ........Fort Drum .....................................United States Military Academy,W est Point ...................................Fort Bragg ....................................Fort Sill .........................................Letterkenny Army Depot ............Corpus Christi Army Depot ........Fort Bliss ......................................Fort Hood ......................................Red River Army Depot ................Tooele Army Depot ......................Fort Belvoir ..................................Fort Pickett ..................................Classified Location .......................

    $105,300,000$10,100,000$3,950,000$26,800,000$2,450,000$25,400,000$2,700,000$23,000,000$10,200,000$5,400,000$23,300,000$13,200,000$15,600,000$7,400,000$3,400,000$3,550,000$6,050,000$6,000,000$21,500,000$1,600,000$8,700,000$1,500,000$5,400,000$21,200,000$24,960,000$33,000,000$3,600,000$9,200,000$1,200,000$5,800,000$2,700,000

    (b) OUTSIDE THE UNITED STATES.-Using amounts appropriatedpursuant to the authorization of appropriations in section2105(aX2), the Secretary of the Army may acquire real propertyand carry out military construction projects for the installationsand locations outside the United States, and in the amounts, setforth in the following table:Army: Outside th e United States

    Country Installation or location AmountGermany ....................... Grafenwoehr .............................. $11,600,000OCONUS Classified ..... Classified Locations .................. $1,700,000SEC. 2102. FAMILY HOUSING.

    (a) CONSTRUCTION AND AcQUIsrION.-Using amounts appro-priated pursuant to the authorization of appropriations in section2105(aX6XA), the Secretary of the Army may construct or acquire

    106 STAT. 2587

    HeinOnline -- 106 Stat. 2587 1992

  • 8/7/2019 106 Stat 2580

    10/192

    PUBLIC LAW 102-484-OCT. 23, 1992family housing units (including land acquisition) at the installa-tions, for the purposes, and in the amounts set forth in the followingtable:

    Army: Family HousingState Installation Purpose Amount

    Hawaii ................ Oahu Various ........ 200 units ........... $23,000,000Kentucky ............ Fort Campbell ....... 96 units ............. $8,200,000Texas .................. Fort Hood .............. 227 units ........... $25,000,000Virginia .............. Fort Pickett ....... 26 units ............. $2,300,000

    (b) PLANNING AND DESIGN.-Using amounts appropriatedpursuant to the authorization of appropriations in section2105(a)(6XA), the Secretary of the Army may carry out architecturaland engineering services and construction design activities withrespect to the construction or improvement of family housing unitsin an amount not to exceed $8,940,000.SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, andusing amounts appropriated pursuant to the authorization of appro-priations in section 2105(a)(6)(A), the Secretary of the Army mayimprove existing military family housing in an amount not to exceed$92,600,000.SEC. 2104. DEFENSE ACCESS ROADS.

    Using amounts appropriated pursuant to the authorization ofappropriations in section 2105(a)(3), the Secretary of the Armymay make advances to the Secretary of Transportation for theconstruction of defense roads under section 210 of title 23 , UnitedStates Code, at Pohakaloa Training Area, Hawaii, in the totalamount of $2,400,000.SEC. 2105. AUTHORIZATION OF APPROPRIATIONS, ARMY.(a) IN GENERAL.-Funds are hereby authorized to be appro-priated for fiscal years beginning after September 30, 1992, formilitary construction, land acquisition, and military family housingfunctions of the Department of the Army in the total amountof $2,127,397,000 as follows:(1) For military construction projects inside the UnitedStates authorized by section 2101(a), $338,860,000.(2) For military construction projects outside the UnitedStates authorized by section 2101(b), $13,300,000.(3) For advances to the Secretary of Transportation forconstruction of defense access roads under section 21 0 of title23 , United States Code, $2,400,000.(4) For unspecified minor military construction projectsauthorized by section 2805 of title 10, United States Code,$3,800,000.(5) For architectural and engineering services and construc-tion design under section 2807 of title 10, United States Code,$112,300,000.(6) For military family housing functions:(A ) For construction and acquisition of military familyhousing and facilities, $160,040,000.

    106 STAT. 2588

    HeinOnline -- 106 Stat. 2588 1992

  • 8/7/2019 106 Stat 2580

    11/192

    PUBLIC LAW 102-484-OCT. 23, 1992(B) For support of military family housing (includingthe functions described in section 2833 of title 10, UnitedStates Code), $1,363,697,000, of which not more than$358,241,000 may be obligated or expended for the leasingof military family housing worldwide.(7) For the Homeowners Assistance Program as authorizedby section 2832 of title 10, United States Code, $133,000,000,to remain available until expended.

    (b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.-Notwithstanding the cost variations authorized by section 2853of title 10, United States Code, and any other cost variation author-ized by law, the total cost of all projects carried out under section2101 of this Act may not exceed the total amount-(1) authorized to be appropriated under paragraphs (1)and (2) of subsection (a); and(2) $95,300,000 (the balance of the amount authorizedunder section 2101(a) of the construction of the AmmunitionDemilitarization Facility, Anniston Army Depot, Alabama).SEC. 2106. INCREASE IN LIMITATION ON LEASING OF MILITARY FAM-ILY HOUSING WORLDWIDE BY THE DEPARTMENT OF THE

    ARMY.Section 2105(a)(6)(B) the National Defense Authorization Actfor Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.1512) is amended by striking out "$360,783,000" and insertingin lieu thereof"$395,783,000".

    TITLE XXII-NAVYSEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-

    TION PROJECTS.(a) INSIDE THE UNITED STATES.-Using amounts appropriatedpursuant to the authorization of appropriations in section 2204(aX1)and, in the case of the project described in section 2204(b)(2),other amounts appropriated pursuant to authorizations enacted

    after this Act for such project, the Secretary of the Navy mayacquire real property and carry out military construction projectsfor the installations and locations inside the United States, andin the amounts, set forth in the following table:Navy: Inside the United States

    State Installation or location AmountCalifornia ................Camp Pendleton Marine CorpsBase ................................................$25,500,000Lemoore, Naval Air Station ...........$680,000Mare Island Naval Shipyard .........$8,000,000Miramar Naval Air Station ...........$9,700,000

    Port Hueneme, Naval Construc-tion Battalion Center ....................$14,300,000Seal Beach, Naval Weapons Sta-tion .................................................$2,150,000Twentynine Palms, Marine CorpsAir-Ground Combat Center ..........$4,600,000Connecticut .............New London, Naval SubmarineBase ................................................$12,500,000Florida .....................Cecil Field, Naval Air Station ....... $5,850,000

    106 STAT. 2589

    HeinOnline -- 106 Stat. 2589 1992

  • 8/7/2019 106 Stat 2580

    12/192

    106 STAT. 2590 PUBLIC LAW 102-484-OCT. 23 , 1992Navy: Inside the United States-Continued

    State Installation or location AmountGeorgia ................oHawaii .....................

    Indiana ....................Maryland .................

    Mississippi ..............

    North Carolina ........

    Rhode Island ...........South Carolina ........Tennessee ................Texas .......................Virginia ...................

    W ashington .............

    Albany, Marine Corps LogisticsBase ............. ...........Barking Sands, Pacific MissileRange Facility ...............................Honolulu, Naval CommunicationArea Master Station, Eastern Pa-cific ............................................Pearl Harbor, Naval Supply Cen-ter ....... ooo ........................Pearl Harbor, Navy Public WorksCenter ............................................Crane, Naval Surface WarfareCenter ............................................Annapolis, United States NavalAcademy, Annapolis ......................Indian Head, Naval Ordnance Sta-tion .............................Patuxent River Naval WarfareCenter,Aircraft Division ..............Gulfport, Naval Construction Bat-talion Center ..................................Meridian Naval Air Station ...........New River Marine Corps Air Sta-tion ............................................Cherry Point, Marine Corps AirStation ............................................Newport, Naval Education andTraining Center .............................Charleston, Naval Weapons Sta-tion .............................Memphis, Naval Air Station ..........Corpus Christi, Naval Air StationKingsville, Naval Air Station ........Damneck, Fleet Combat TrainingCenter ............................................Little Creek, Naval AmphibiousStation ............................................Norfolk, Naval Air Station .............Norfolk, Naval Station ...................Norfolk, Naval Station, Fort StoryAnnex .............................................Norfolk, Naval Supply Center .......Oceana, Naval Air Station .............Quantico Combat DevelopmentCenter ............................................Yorktown, Naval Weapons StationBangor, Trident Refit Facility .......Bremerton, Puget Sound NavalShipyard ........................................Bremerton, Naval Inactive ShipMaintenance Facility ....................Everett, Naval Station ...................Puget Sound Naval Station ...........

    $6,800,000$4,580,000

    $1,400,000$6,700,000$24,900,000$6,000,000

    $11,000,000$7,890,000

    $60,990,000$4,650,000$1,100,000$3,600,000$4,680,000$540,000

    $1,110,000$14,110,000$4,900,000$20,120,000$19,427,000$8,000,000$3,100,000$880,000$5,650,000$12,400,000$3,190,000$5,000,000$1,100,000$1,550,000$14,800,000$1,200,000$5,600,000$13,300,000

    HeinOnline -- 106 Stat. 2590 1992

  • 8/7/2019 106 Stat 2580

    13/192

    PUBLIC LAW 102-484--OCT. 23, 1992(b) OUTSIDE THE UNITED STATES.-Usinlg amounts appropriatedpursuant to the authorization of appropriations in section2204(a2), the Secretary of the Navy may acquire real propertyand carry out military construction projects for the installationsand locations outside the United States, and in the amounts, setforth in the following table:

    Navy: Outside the United StatesCountry Installation or location Amount

    Greece ........................... Souda Bay, Naval Support Ac-tivity ......................................... $7,600,000Various Locations ......... Host Nation Infrastructure Sup-port ...........................................$3,000,000SEC. 2202. FAMILY HOUSING.

    (a) CONSTRUCTION AND AcQuISTIoN.-Using amounts appro-priated pursuant to the authorization of appropriations in section2204(aX5XA), the Secretary of the Navy may construct or acquirefamily housing units (including land acquisition) at the installa-tions, for the purposes, and in the amounts set forth in the followingtable:

    _________ Navy: Family HousingState

    California ...........

    Connecticut ........Hawaii ................

    New Jersey ........Virginia ..............Washington ........West V irginia .....

    InstallationCamp PendletonMarine CorpsBase ....................San Diego NavyPublic WorksCenter .................New London, Naval

    Submarine BaseKauai, Pacific Mis-sile Range Facil-ity .......................Oahu, Naval Com-plex .....................Earle, Naval Weap-ons Station .........Norfolk, Naval Sta-tion ......................Bangor/BremertonNaval ComplexKitseap County .......Sugar Grove NavalRadio Station .....

    300 units ............300 units ............100 units ............13 units ..............758 units ............CommunityCenter ............Demolition andSite Prepara-tion .................200 units ............200 units ............8 units ................

    Amount

    $30,600,000

    $30,400,000$11,850,000

    $2,330,000$117,180,000

    $1,100,000$7,000,000

    $19,500,000$19,500,000

    $930,000(b) PLANNING AND DESIGN.-Using amounts appropriatedpursuant to the authorization of appropriations in section2204(aX5XA), the Secretary of the Navy may carry out architecturaland engineering services and construction design activities with

    106 STAT. 2591

    HeinOnline -- 106 Stat. 2591 1992

  • 8/7/2019 106 Stat 2580

    14/192

    PUBLIC LAW 102-484-OCT. 23, 1992respect to the construction or improvement of military family hous-ing units in an amount not to exceed $14,200,000.SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, andusing amounts appropriated pursuant to the authorization of appro-priations in section 2204(aX5)(A), the Secretary of the Navy mayimprove existing military family housing units in the amount of$130,844,000.SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

    (a) IN GENERAL.-Funds are hereby authorized to be appro-priated for fiscal years beginning after September 30, 1992, formilitary construction,land acquisition, and military family housingfunctions of the Department of the Navy in the total amount of$1,450,529,000 as follows:(1) For military construction projects inside the UnitedStates authorized by section 2201(a), $312,557,000.(2) For military construction projects outside the UnitedStates authorized by section 2201(b), $10,600,000.(3) For unspecified minor construction projects authorizedby section 2805 of title 10, United States Code, $5,000,000.(4 ) For architectural and engineering services and construc-tion design under section 2807 of title 10, United States Code,$75,692,000.(5) For military family housing functions:(A) For construction and acquisition of military familyhousing and facilities, $385,434,000; and(B) For support of military housing (including functionsdescribed in section 2833 of title 10, United States Code),$661,246,000, of which not more than $104,470,000 maybe obligated or expended for the leasing of military familyhousing units worldwide.(b) LIMITATION OF TOTAL COST OF CONSTRUCTION PROJECTS.-Notwithstanding the cost variations authorized by section 2853of title 10, United States Code, and any other cost variation author-ized by law, the total cost of all projects carried out under section2201 of this Act may not exceed-(1) the total amount authorized to be appropriated underparagraphs (1) and (2) of subsection (a); and(2) $50,990,000 (the balance of the amount authorizedunder section 2201(a) for the construction of the Large AnachoicChamber Facility at the Patuxent River Naval Warfare Center,Aircraft Division, Maryland).SEC. 2205. POWER PLANT RELOCATION, NAVY PUBLIC WORKS CEN-

    TER, GUAMSection 2201(b) of the National Defense Authorization Act,Fiscal Year 1989 (Public Law 100-456; 102 Stat. 2097) is amended-(1) in the matter under the heading "GUAM" by strikingout the item relating to the Navy Public Works Center andinserting in lieu thereof the following:"Navy Public Works Center, $34,490,000."; and(2) in the matter under the heading "PHILIPPINES"by strik-ing out the item relating to the Navy Public Works Center,Subic Bay, and inserting in lieu thereof the following:"Navy Public Works Center, Subic Bay, $570,000.".

    106 STAT. 2592

    HeinOnline -- 106 Stat. 2592 1992

  • 8/7/2019 106 Stat 2580

    15/192

    PUBLIC LAW 102-484-OCT. 23, 1992SEC. 2206. REVISED AUTHORIZATIONS FOR CERTAIN MARINE CORPS

    PROJECTS.(a) REVISED AuTHOIuZATION.-Section 2201(a) of the NationalDefense Authorization Act, Fiscal Year 1989 (Public Law 100-456; 10 2 Stat. 2095) is amended in the matter under the heading"NORTH CAROLINA" by striking out the items relating to MarineCorps Air Station, Cherry Point, and inserting in lieu thereof thefollowing:"Marine Corps Air Station, Cherry Point, $24,100,000.".(b) CONFoRMING AMENDMENT.--Section 2205(a) of such Act(102 Stat. 2099) is amended-(1) by striking out "$2,369,875,000" and inserting in lieuthereof "$2,361,555,000"; and(2) in paragraph (1), by striking out "$1,296,450,000" andinserting in lieu thereof "$1,288,770,000".

    SEC. 2207. DEFENSE ACCESS ROADS, NAVAL STATION PASCAGOULA,MISSISSIPPI.Using amounts appropriated pursuant to the authorization ofappropriations in section 2205(aX5) of the National DefenseAuthorization Act for Fiscal Years 1992 and 1993 (Public Law

    102-190; 105 Stat. 1519), the Secretary of the Navy shall expendsuch amounts as the Secretary determines necessary for planningand design for defense access roads that are critical for accessto Naval Station Pascagoula, Mississippi, as determined by theSecretary of the Navy.SEC. 2208. MILITARY FAMILY HOUSING, NAVAL AIR STATION WHIDBEYISLAND, WASHINGTON.

    The Secretary of the Navy shall include in the budget requestfor the Navy for fiscal year 1994 a request for funds for the designof 300 family housing units at Naval Air Station Whidbey Island,Washington. TITLE XXIII-AIR FORCESEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LANDACQUISITION PROJECTS.

    (a) INSIDE THE UNITED STATES.-Using amounts appropriatedpursuant to the authorization of appropriations in section2304(aX1), and, in the case of the projects described in paragraphs(2), (3), and (4) of section 2304(b), other amounts appropriatedpursuant to authorizations enacted after this Act for such project,the Secretary of the Air Force may acquire real property andcarry out military construction projects for the installations andlocations inside the United States, and in the amounts, set forthin the following table:Air Force: Inside the United States

    State Installation or location AmountAlabama ........................ Gunter Air Force Base ............... $960,000Maxwell Air Force Base ............. $20,600,000Alaska ........................... Clear Air Force Station .............. $2,250,000

    106 STAT. 2593

    HeinOnline -- 106 Stat. 2593 1992

  • 8/7/2019 106 Stat 2580

    16/192

    PUBLIC LAW 102-484-OCT. 23, 1992Air Force: Inside the United States-ContinuedState Installation or location Amount

    Arizona ..........................

    Arkansas .......................California ......................

    Colorado ........................Delaware .......................District of Columbia .....Florida ...........................

    Georgia ..........................Illinois ...........................Kansas ...........................Louisiana ......................M aryland .......................Massachusetts ..............M ississippi ....................M issouri ........................Montana ........................Nebraska .......................Nevada ..........................New Jersey ...................New M exico ..................North Carolina .............North Dakota ................Ohio ...............................Oklahoma ......................South Carolina .............South Dakota ................

    Eielson Air Force Base ...............Elmendorf Air Force Base ..........Galena Airport ............................King Salmon Airport ..................Shemya Air Force Base ..............Libby Army Air Field .................Davis Monthan Air Force Base ..Luke Air Force Base ...................Navajo Army Depot ....................Little Rock Air Force Base .........Beale Air Force Base ..................Edwards Air Force Base .............March Air Force Base .................McClellan Air Force Base ...........Travis Air Force Base .................Vandenberg Air Force Base .......Peterson Air Force Base .............United States Air Force Acad-emy.Dover Air Force Base ..................Boiling Air Force Base ................Cape Canaveral Air Force Sta-tion.Eglin Air Force Base ..................Patrick Air Force Base ...............Moody Air Force Base ................Robins Air Force Base ................Scott Air Force Base ...................McConnell Air Force Base ..........Barksdale Air Force Base ..........Andrews Air Force Base .............Hanscom Air Force Base ............Keesler Air Force Base ...............Whiteman Air Force Base ..........Malmstrom Air Force Base ........Offutt Air Force Base .................Nellis Air Force Base ..................McGuire Air Force Base .............Cannon Air Force Base ..............Holloman Air Force Base ..........Pope Air Force Base .............Seymour Johnson Air ForceBase.Cavalier Air Force Station .........Grand Forks Air Force Base ......

    Minot Air Force Base ..................Wright-Patterson Air ForceBase.Altus Air Force Base ..................Tinker Air Force Base ................Vance Air Force Base .................Charleston Air Force Base .........Shaw Air Force Base ..................Ellsworth Air Force Base ...........

    $40,950,000$22,550,000$4,850,000$6,400,000$3,350,000$15,300,000$3,500,000$2,950,000$3,900,000$3,860,000$5,600,000$24,500,000$2,2 50,000$9,900,000$11,680,000$26,250,000$3,500,000$4,260,000$21,260,000$9,400,000$40,800,000$65,680,000$7,700,000$4,380,000$11,500,000$960,000$960,000$28,320,000$820,000$4,200,000$13,240,000$62,270,000$1,100,000$6,190,000$10,930,000$8,970,000$2,800,000$11,420,000$22,180,000$5,230,000$1,450,000$6,500,000$8,650,000$12,170,000$7,300,000$21,280,000$2,350,000$32,150,000$2,380,000$3,880,000

    106 STAT. 2594

    HeinOnline -- 106 Stat. 2594 1992

  • 8/7/2019 106 Stat 2580

    17/192

    PUBLIC LAW 102-484-OCT. 23, 1992Air Force: Inside the United States-ContinuedState Installation or location Amount

    Texas ............................. Brooks Air Force Base ................ $9,000,000Dyess Air Force Base .................. $7,300,000Goodfellow Air Force Base ......... $3,250,000Kelly Air Force Base ................... $21,360,000Lackland Air Force Base ............ $9,000,000Laughlin Air Force Base ............ $6,000,000Randolph Air Force Base ........... $1,250,000Sheppard Air Force Base ........... $6,990,000Utah .............................. Hill Air Force Base ..................... $6,100,000Virginia ......................... Langley Air Force Base .............. $7,050,000

    Washington ................... Fairchild Air Force Base ............ $2,510,000McChord Air Force Base ............ $2,540,000Wyoming ....................... F.E. Warren Air Force Base ....... $1,050,000Various Locations ......... Various Locations ....................... $2,800,000(b) OUTSIDE THE UNITED STATES.-Using amounts appropriatedpursuant to the authorization of appropriations in section2304(aX2), the Secretary of the Air Force may acquire real propertyand may carry out military construction projects for the installationsand locations outside the United States, and in the amounts, setforth in the following table.

    Air Force: Outside the United StatesCountry Installation or location Amount

    Ascension Island .......... Power/Desalinization Plant ........ $22,000,000Germany ....................... Rhein-Main Air Base .................. $3,100,000Greenland ..................... Thule Air Base ............................ $24,900,000Guam ............................. Andersen Air Force Base ............ $23,240,000Portugal ........................ Lajes Field ................................... $8,450,000SEC. 2302. FAMILY HOUSING.

    (a) CONSTRUCTION AND ACQUISIION.-Using amounts appro-priated pursuant to the authorization of appropriations in section2304(a)(5)(A), the Secretary of the Air Force may construct oracquire family housing units (including land acquisition) at theinstallations, for the purposes, and in the amounts set forth inthe following table:Air Force: Family Housing

    State or Country Installation Purpose AmountCalifornia ...........

    Florida ................Georgia ...............

    Beale Air ForceBase ....................March Air ForceBase ....................Patrick Air ForceBase ....................Moody Air ForceBase ....................

    Housing office ....320 units ............250 units ............Housing mainte-nance facility .

    $306,000$38,351,000$22,500,000

    $290,000

    59-194 0-93- 26: QL 3 (Pt. 3)

    106 STAT. 2595

    HeinOnline -- 106 Stat. 2595 1992

  • 8/7/2019 106 Stat 2580

    18/192

    PUBLIC LAW 102-484-OCT. 23, 1992Air Force: Family Housing-Continued

    State or Country Installation Purpose AmountRobins Air ForceBase .......... 55 units ............. $3,153,000Illinois ................ Scott Air ForceBase .................... 1,068 units ......... $60,000,000

    Louisiana ........... Barksdale Air Housing mainte-Force Base .......... nance andstorage facility $443,000New Mexico ....... Cannon Air ForceBase .......... 361 units ........... $32,951,000Cannon Air ForceBase .................... Housing office .... $480,000North Dakota ..... Minot Air ForceBase .................... Housing office .... $286,000South Carolina .. Shaw Air ForceBase .................... Housing office .... $351,000Utah ................... Hill Air Force Base 82 units .............. $6,353,000Portugal ............. Lajes Field ............. Water wells ....... $865,000(b) PLANNING AND DESIGN.-Using amounts appropriatedpursuant to the authorization of appropriations in section2304(a)(5)(A), the Secretary of the Air Force may carry out architec-tural and engineering services and construction design activitieswith respect to the construction or improvement of military familyhousing units in an amount not to exceed $7,457,000.

    SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.Subject to section 2825 of title 10 , United States Code, andusing amounts appropriated pursuant to the authorization of appro-priations in section 2304(a)(5)(A), the Secretary of the Air Forcemay improve existing military family housing units in an amount

    not to exceed $150,000,000.SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.(a) IN GENERAL.-Funds are hereby authorized to be appro-priated for fiscal years beginning after September 30, 1992, formilitary construction, land acquisition, and military family housingfunctions of the Department of the Air Force in the total amountof $2,062,707,000 as follows:(1) For military construction projects inside the UnitedStates authorized by section 2301(a), $667,290,000.(2) For military construction projects outside the UnitedStates authorized by section 2301(b), $81,690,000.(3) For unspecified minor construction projects authorizedby section 2805 of title 10, United States Code, $7,000,000.(4) For architectural and engineering services and construc-tion design under section 2807 of title 10, United States Code,$95,000,000.(5) For military family housing functions:(A) For construction and acquisition of military familyhousing and facilities, $283,786,000; and(B) For support of military housing (including functionsdescribed in section 2833 of title 10, United States Code),$927,941,000 of which not more than $150,800,000 may

    106 STAT. 2596

    HeinOnline -- 106 Stat. 2596 1992

  • 8/7/2019 106 Stat 2580

    19/192

    PUBLIC LAW 102-484-OCT. 23, 1992be obligated or expended for leasing of military familyhousing units worldwide.(b) LIMITATION ON TOrAL COST oF CONSTRUCTION PROJECTS.-Notwithstanding the cost variations authorized by section 2853of title 10, United States Code, and any other cost variation author-ized by law, the total cost of all projects carried out under section2301 of this Act may not exceed-(1) the total amount authorized to be appropriated underparagraphs (1) and (2 ) of subsection (a);(2) $59,000,000 (the balance of the amount authorizedunder section 2301(a) for the construction of the climate testchamber at Eglin Air Force Base, Florida);(3) $11,000,000 (the balance of the amount authorizedunder section 2301(a) for the construction of apron and hydrantsystem at Barksdale Air Force Base, Louisiana); and(4) $40,000,000 (the balance of the amount authorizedunder section 2301(a) for the construction of family housingat Scott Air Force Base, Illinois).

    SEC. 2305. CHILD DEVELOPMENT CENTER RELOCATION, BUCKLEYAIR NATIONAL GUARD BASE, COLORADO.

    Section 2301(a) of the National Defense Authorization Act forFiscal Year 1991 (Public Law 101-510; 104 Stat. 1770) is amendedin the matter under the heading "cOLORADO" by striking out theitem relating to Lowry Air Force Base and inserting in lieu thereofthe following:"Buckley Air National Guard Base, $4,550,000.".SEC. 2306. AUTHORIZED FAMILY HOUSING LEASE PROJECTS.

    Subject to section 2835 of title 10, United States Code, theSecretary of the Air Force may enter into contracts for the leaseof family housing units in the number of units shown, and atthe net present value shown, for the following installations:(1) Bolling Air Force Base, District of Columbia, 550 units,$54,200,000.(2) Andrews Air Force Base, Maryland, 550 units,$54,200,000.

    SEC. 2307. AUTHORIZED MILITARY HOUSING RENTAL GUARANTEEPROJECTS.

    Subject to section 2836 of title 10, United States Code, theSecretary of the Air Force may enter into rental guarantee agree-ments for military housing in the number of units shown for thefollowing installations:(1) Elmendorf Air Force Base, Alaska, 302 units.(2) Patrick Air Force Base, Florida, 409 units.(3) Offutt Air Force Base, Nebraska, 400 units.SEC. 230. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN

    PROJECTS.(a) FCAL YEAR 1992 PROJECTS.-(1) Section 2301 of the Mili-tary Construction Authorization Act for Fiscal Year 1992 (divisionB of Public Law 102-190; 105 Stat. 1521) is amended-(A) under the heading "ALASKA", by striking out the itemrelating to Shemya Air Force Base and inserting in lieu thereofthe following:"Shemya Air Force Base, $10,300,000.";

    106 STAT. 2597

    HeinOnline -- 106 Stat. 2597 1992

  • 8/7/2019 106 Stat 2580

    20/192

    PUBLIC LAW 102-484-OCT. 23, 1992(B) under the heading "ARIZONA", by striking out the itemrelating to Luke Air Force Base and inserting in lieu thereofthe following:"Luke Air Force Base, $6,000,000.";(C) by striking out the following:

    "MONTANA"Conrad Strategic Training Range Site, $700,000."Havre Strategic Training Range Site, $700,000.";(D) under the heading "NEW YORK", by striking out theitem relating to Griffiss Air Force Base and inserting in lieuthereof the following:"Griffiss Air Force Base, $1,500,000.";(E) under the heading "SOUTH DAKOTA", by striking outthe item relating to Ellsworth Air Force Base and insertingin lieu thereof the following:"Ellsworth Air Force Base, $2,040,000."; and(F) under the heading rExAs", by striking out the itemrelating to Sheppard Air Force Base and inserting in lieu

    thereof the following:"Sheppard Air Force Base, $16,250,000.".(2) Section 2305(a) of such Act (105 Stat. 1525) is amended-(A) by striking out "$2,089,303,000" and inserting in lieuthereof "$2,054,713,000"; and(B) in paragraph (1), by striking out "$778,970,000" andinserting in lieu thereof "$744,380,000".(b) FISCAL YEAR 1991 PROJECTS.-(1) Section 2301 of the Mili-tary Construction Authorization Act for Fiscal Year 1991 (divisionB of Public Law 101-510; 104 Stat. 1769) is amended-(A) under the heading "GEORGIA", by striking out the itemrelating to Robins Air Force Base and inserting in lieu thereofthe following:"Robins Air Force Base, $8,700,000.";(B) under the heading "MICHIGAN", by striking out theitem relating to K.I. Sawyer Air Force Base and insertingin lieu thereof the following:"KI.Sawyer Air Force Base, $1,400,000."; and(C) under the heading "OKLAHOMA", by striking out theitem relating to Tinker Air Force Base and inserting in lieuthereof the following:"Tinker Air Force Base, $53,350,000.".(2) Section 2302(a) of such Act (104 Stat. 1773) is amendedby striking out the item relating to Myrtle Beach Air Force Base,South Carolina.

    (3) Section 2304(a) of such Act (104 Stat. 1773) is amended-(A) by striking out "$1,922,733,000" and inserting in lieuthereof "$1,905,075,000";(B) in paragraph (1), by striking out "$742,255,000" andinserting in lieu thereof "$724,855,000"; and(C) in paragraph (7)(A), by striking out "$182,965,000"and inserting in lieu thereof "$182,707,000".

    106 STAT. 2598

    HeinOnline -- 106 Stat. 2598 1992

  • 8/7/2019 106 Stat 2580

    21/192

    PUBLIC LAW 102-484-OCT. 23, 1992TITLE XXIV-DEFENSE AGENCIES

    SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION ANDLAND ACQUISmON PROJECTS.(a) INSIDE THE UNITED STATE.-Using amounts appropriatedpursuant to the authorization of appropriations in section 2403(aXl)and, in the case of the projects described in paragraphs (2) through(6) of section 2403(c), other amounts appropriated pursuant to

    authorizations enacted after this Act for such projects, the Secretaryof Defense may acquire real property and carry out militaryconstruction projects for the installations and locations inside theUnited States, and in the amounts, set forth in the following table:Defense Agencies: Inside the United States

    Agency Installation or location AmountDefense Logistics Agen- Defense Reutilization and Mar-cy. keting Office, March Air ForceBase, California ....................... $630,000Defense Reutilization and Mar-keting Office, Hill Air Force

    Base, Utah ............................... $1,700,000Defense General Supply Center,Richmond, Virginia ................. $2,900,000Defense Medical Facil- Beale Air Force Base, California $3,500,000ity Office. Elmendorf Air Force Base, Alas-ka .............................................. $160,000,000March Air Force Base, Califor-nia ............................................. $18,000,000Fitzsimons Army Medical Cen-ter, Colorado ............................ $390,000,000Walter Reed Army Medical Cen-ter, District of Columbia ......... $147,300,000Fort Leonard Wood, Missouri .... $3,000,000Fort Bragg, North Carolina ....... $250,000,000Millington Naval Air Station,Tennessee ................................. $15,000,000National Security Fort Meade, Maryland ............... $6,700,000Agency.Section 6 Schools .......... Fort Bragg, North Carolina ....... $3,950,000Strategic Defense Ini- Barking Sands, Hawaii .............. $2,500,000tiative Organization.(b) OUTSIDE THE UNrrED STATES.-Using amounts appropriatedpursuant to the authorization of appropriations in section2403(aX2), the Secretary of Defense may acquire real propertyand carry out military construction projects for the installations

    and locations outside the United States, and in the amounts, setforth in the following table:Defense Agencies: Outside the United States

    Agency Installation or location AmountDOD DependentSchools. $13,500,000Hohenfels, Germany ...................

    106 STAT. 2599

    HeinOnline -- 106 Stat. 2599 1992

  • 8/7/2019 106 Stat 2580

    22/192

    PUBLIC LAW 102-484-OCT. 23, 1992Defense Agencies: Outside the United States-Continued

    Agency Installation or location AmountDefense Nuclear Agen- Johnston Island .......................... $1,500,000cy.National Security Classified Locations ................... $9,590,000Agency.Strategic Defense Ini- Kwajelein .................................... $22,000,000tiative Organization.SEC. 2402. ENERGY CONSERVATION PROJECTS.

    Using amounts appropriated pursuant to the authorization ofappropriations in section 2403(aX9), the Secretary of Defense maycarry out energy conservation projects under section 2865 of title10, United States Code.SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

    (a) IN GENERAL.-Funds are hereby authorized to be appro-priated for fiscal years beginning after September 30, 1992, formilitary construction, land acquisition, and military family housingfunctions of the Department of Defense (other than the militarydepartments), in the total amount of $2,567,146,000 as follows:(1) For military construction projects inside the UnitedStates authorized by section 2401(a), $87,950,000.(2) For military construction projects outside the UnitedStates authorized by section 2401(b), $46,590,000.(3) For military construction projects at Fort Sam Houston,Texas, authorized by section 2401(a) of the Military Construc-tion Authorization Act, 1987, $27,000,000.(4) For military construction projects at Portsmouth NavalHospital, Virginia, authorized by section 2401(a) of the MilitaryConstruction Authorization Act for Fiscal Years 1990 and 1991,$16,000,000.(5) For unspecified minor construction projects authorizedby section 2805 of title 10 , United States Code, $12,508,000.(6) For contingency construction projects of the Secretaryof Defense under section 2804 of title 10 , United States Code,$10,000,000.(7) For architectural and engineering services and forconstruction design under section 2807 of title 10, United StatesCode, $90,818,000.(8) For conforming storage facilities constructed under theauthority of section 2404(a) of the Military ConstructionAuthorization Act, 1987, $3,580,000.(9) For energy conservation projects authorized by section2402, $60,000,000.(10) For base closure and realignment activities as author-ized by the Defense Authorization Amendments and Base Clo-sure and Realignment Act (title II of Public Law 100-526;10 U.S.C. 2687 note), $440,700,000.(11) For base closure and realignment activities as author-ized by the Defense Base Closure and Realignment Act of1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.2687 note), $1,743,600,000.(12) For military family housing functions (including func-tions described in section 2833 of title 10, United States Code),

    106 STAT. 2600

    HeinOnline -- 106 Stat. 2600 1992

  • 8/7/2019 106 Stat 2580

    23/192

    PUBLIC LAW 102-484-OCT. 23 , 1992$28,400,000, of which not more than $23,559,000 may be obli-gated or expended for the leasing of military family housingunits worldwide.(b) AUTHORIZATION OF UNOBLIGATED FuNDs.-Funds in theamount of $5,230,000 appropriated to the Department of Defensefor fiscal years before fiscal year 1993 for military constructionfunctions of the Defense Agencies that remain available for obliga-tion on the date of enactment of this Act are hereby authorized

    to be made available, to the extent provided in appropriation Acts,for military construction projects authorized in section 2401(a) forthe Defense Logistics Agency.(c) LIMITATION OF TOTAL COST OF CONSTRUCTION PROJECTS.-Notwithstanding the cost variations authorized by section 2853of title 10, United States Code, and any other cost variationsauthorized by law, the total cost of all projects carried out undersection 2401 may not exceed-(1) the total amount authorized to be appropriated underparagraphs (1) and (2) of subsection (a) and subsection (b);(2) $134,000,000 (the balance of the amount authorizedfor construction of the Walter Reed Institute of Research, Dis-trict of Columbia);(3) $145,000,000 (the balance of the amount authorizedfor construction of the Hospital at Elmendorf Air Force Base,Alaska);(4) $5,000,000 (the balance of the amount authorized forthe life-safety upgrade of the Naval Hospital at MillingtonNaval Air Station, Tennessee);(5) $240,000,000 (the balance of the amount authorizedfor construction of the Army Medical Center at Fort Bragg,North Carolina); and(6) $388,000,000 (the balance of the amount authorizedfor Fitzsimons Army Medical Center, Colorado).

    TITLE XXV-NORTH ATLANTIC TREATY ORGANIZATIONINFRASTRUCTURESEC. 2501. AUTHORIZED NATO CONSTRUCTION AN D LAND ACQUISI-

    TION PROJECTS.The Secretary of Defense may make contributions for the NorthAtlantic Treaty Organization Infrastructure Program as providedin section 2806 of title 10, United States Code, in an amountnot to exceed the sum of the amount authorized to be appropriatedfor this purpose in section 2502 and the amount collected fromthe North Atlantic Treaty Organization as a result of constructionpreviously financed by the United States.

    SEC. 2502.AUTHORIZATION OF APPROPRIATIONS, NATO.Funds are hereby authorized to be appropriated for fiscal years

    beginning after September 30, 1992, for contributions by the Sec-retary of Defense under section 2806 of title 10, United StatesCode, for the share of the United States of the cost of projectsfor the North Atlantic Treaty Organization Infrastructure Programas authorized by section 2501, in the amount of$60,000,000.TITLE XXVI-GUARD AND RESERVE FORCES FACILITIESSEC. 2601. AUTHORIZED GUARD AN D RESERVE CONSTRUCTION AND

    LAND ACQUISITION PROJECTS.There are authorized to be appropriated for fiscal years begin-ning after September 30, 1992, for the costs of acquisition, architec-

    106 STAT. 2601

    HeinOnline -- 106 Stat. 2601 1992

  • 8/7/2019 106 Stat 2580

    24/192

    PUBLIC LAW 102-484-OCT. 23, 1992tural and engineering services, and construction of facilities forthe Guard and Reserve Forces, and for contributions therefor, underchapter 133 of title 10 , United States Code (including the costof acquisition of land for those facilities), the following amounts:(1) For the Department of the Army-(A) for the Army National Guard of the United States,$208,672,000; and(B) for the Army Reserve, $34,850,000.(2) For the Department of the Navy, for the Naval andMarine Corps Reserve, $17,200,000.(3) For the Department of the Air Force-(A) for the Air National Guard of the United States,$305,759,000; and(B) for the Air Force Reserve, $36,580,000.SEC. 2602. REDUCTIONS IN CERTAIN PRIOR YEAR AUTHORIZATIONS

    OF APPROPRIATIONS FOR AIR FORCE RESERVEMILITARYCONSTRUCTION PROJECTS.(a) FISCAL YEAR 1989.-Section 2601(3XB) of the NationalDefense Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 2114) is amended by striking out "$63,600,000"and inserting in lieu thereof "$62,440,000".(b) FisCAL YEAR 1990.-Section 2601(3XB) of the NationalDefense Authorization Act for Fiscal Years 1990 and 1991 (PublicLaw 101-189; 103 Stat. 1645) is amended by striking out"$35,600,000" and inserting in lieu thereof"$29,050,000".(c) FIsCAL YEAR 1991.-Section 2601(3XB) of the NationalDefense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1781) is amended by striking out "$37,700,000"and inserting in lieu thereof "$33,930,000".TITLE XXVII- EXPIRATION AND EXTENSION OFAUTHORIZATIONS

    SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTSREQUIRED TOBE SPECIFIED BY LAW.

    (a) EXPIRATION OF AuTHORIZATIONs AFTER THREE YEARS.-Except as provided in subsection (b), all authorizations containedin titles XXI through XXVI for military construction projects, landacquisition, family housing projects and facilities, and contributionsto the North Atlantic Treaty Organization Infrastructure program(and authorizations of appropriations therefor) shall expire on thelater of- (1) October 1, 1995; or(2) the date of the enactment of an Act authorizing fundsfor military construction for fiscal year 1996.(b) EXCEPTION.-Subsection (a) shall not apply to authorizationsfor military construction projects, land acquisition, family housingprojects and facilities, and contributions to the North AtlanticTreaty Organization Infrastructure program (and authorizationsof appropriations therefor), for which appropriated funds have beenobligated before the later of-(1) October 1, 1995; or(2) the date of the enactment of an Act authorizing fundsfor fiscal year 1996 for military construction projects, landacquisition, family housing projects and facilities, or contribu-

    106 STAT. 2602

    HeinOnline -- 106 Stat. 2602 1992

  • 8/7/2019 106 Stat 2580

    25/192

    PUBLIC LAW 102-484-OCT. 23, 1992tions to the North Atlantic Treaty Organization Infrastructureprogram.

    SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCALYEAR 1990 PROJECTS.(a) ExTENSIONS.-Notwithstanding section 2701(b) of the Mili-tary Construction Authorization Act for Fiscal Years 1990 and1991 (division B of Public Law 101-189, 103 Stat. 1645), authoriza-

    tions for the projects set forth in the tables in subsection (b),as provided in section 2101, 2201, 2202, or 2301 of that Act andextended by section 2702(b) of the Military Construction Authoriza-tion Act for Fiscal Year 1992 (division B of Public Law 102-190;105 Stat. 1535), shall remain in effect until October 1, 1993, orthe date of the enactment of an Act authorizing funds for militaryconstruction for fiscal year 1994, whichever is later.(b) TABLE.-The tables referred to in subsection (a) are asfollows:Army: Extension of 1990 Project Authorizations

    state Installationor location Project AmountKansas .............. Fort Riley ............... Child develop-ment center .... $1,500,000Louisiana .......... Fort Polk ................ Range mod-ernization ........ $9,600,000Pennsylvania ... New Cumberland Hazardous mate-Army Depot ......... rial storage fa-

    cility ............. $14,000,000Virginia ............ Fort Lee .................. Enlisted petro-leum trainingfacility ............. $8,300,000Navy: Extension of 1990 Project Authorizations

    State Installationor location rject AmountCalifornia ......... Navy Public Works 344 housingCenter, San Fran- units ............. $34,000,000cisco .....................Texas ................ Ingleside NavalStation ................. EOD complex ..... $1,000,000BEQ II project ... $6,200,000Magazines .......... $910,000Pennsylvania ... Philadelphia Naval Hazardous andShipyard .............. flammable ma-

    terial ware-house ............. $3,000,000

    106 STAT. 2603

    HeinOnline -- 106 Stat. 2603 1992

  • 8/7/2019 106 Stat 2580

    26/192

    PUBLIC LAW 102-484-OCT. 23, 1992Air Force: Extension of 1990 Project AuthorizationsState Installation Amount

    or country or location

    Colorado ...........Lowry Air Force Computer oper-Base ...................ations facility $15,500,000Logistics supportfacility .............$3,500,000Ohio ..................Newark Air Force Child develop-Base ...................ment center .... $680,000Oklahoma .........Tinker Air ForceBase .....................EM P test facility $9,300,000Turkey ..............Incirlik Air ForceBase .....................Post office ..........$550,000

    SEC. 2703. EFFECTIVE DATE.Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall takeeffect on the later of-(1) October 1, 1992; and(2) the date of the enactment of this Act.

    TITLE XXVIII-GENERAL PROVISIONSSubtitle A-Military Construction Program and MilitaryFamily Housing Changes

    SEC. 2801. PROMOTION OF ENERGY SAVINGS AT MILITARY INSTALLA-TIONS.

    (a) ENERGY SAVING AcTmTIEs.--Section 2865 of title 10 , UnitedStates Code, is amended-(1) by striking out subsection (b)(3);(2) by redesignating subsection (d) as subsection (f); and(3) by inserting after subsection (c)the following new sub-section:"(d) ENERGY SAVING ACTIVITIES.-(1) The Secretary of Defenseshall permit and encourage each military department, DefenseAgency, and other instrumentality of the Department of Defenseto participate in programs conducted by any gas or electric utilityfor the management of electricity demand or for energy conserva-tion."(2) The Secretary of Defense may authorize any militaryinstallation to accept any financial incentive, goods, or servicesgenerally available from a gas or electric utility, to adopt tech-nologies and practices that the Secretary determines are cost effec-tive for the Federal Government."(3) Subject to paragraph (4), the Secretary of Defense may

    authorize the Secretary of a military department having jurisdictionover a military installation to enter into agreements with gas orelectric utilities to design and implement cost-effective demandand conservation incentive programs (including energy managementservices, facilities alterations, and the installation and maintenanceof energy saving devices and technologies by the utilities) to addressthe requirements and circumstances of the installation."(4)(A) If an agreement under paragraph (3) provides for autility to advance financing costs for the design or implementationof a program referred to in that paragraph to be repayed by the

    106 STAT. 2604

    HeinOnline -- 106 Stat. 2604 1992

  • 8/7/2019 106 Stat 2580

    27/192

    PUBLIC LAW 102-484-OCT. 23, 1992United States, the cost of such advance may be recovered by theutility under terms no less favorable than those applicable to itsmost favored customer."(B) Subject to the availability of appropriations, repaymentof costs advanced under subparagraph (A) shall be made fromfunds available to a military department for the purchase of utilityservices."(C) An agreement under paragraph (3) shall provide that titleto any energy-saving device or technology installed at a militaryinstation pursuant to the agreement vest in the United States.Such title may vest at such time during the term of the agreement,or upon expiration of the agreement, as determined to be in thebest interests of the United States.".(b) ENERGY CONSERVATION CONSTRUCTION PROJECTS.-Suchsection is further amended by inserting after subsection (d), asadded by subsection (aX3), the following new subsection:"(e) ENERGY CONSERVATION CONSTRUCTION PROJECTS.-(1) TheSecretary of Defense may carry out a military construction projectfor energy conservation, not previously authorized, using fundsappropriated or otherwise made available for that purpose.

    "(2) When a decision is made to carry out a project underParagraph (1), the Secretary of Defense shall notify in writinghe Committees on Armed Services and Appropriations of the Sen-ate and House of Representatives of that decision. The projectmay then be carried out only after the end of the 21-day periodbeginning on the date the notification is received by such commit-tees.".(c) CONFORMING AMENDMENT.-Subsection (b)(1) of such sectionis amended by striking out "paragraph (3XB)" and inserting inlieu thereof "subsection (dX2)'.(d) TECHNICAL AMENDENT.-Subsection (f) of such section,as redesignated by subsection (aX2), is amended by striking out"Beginning with fiscal year 1991 and by no later than December31, 1991, and of each year thereafter," and inserting in lieu thereof"Not later than December 31 of each year,".(e) CLERICAL AMENDENT.--Such section is further amended-(1) in subsection (a), by inserting "ENERGY PERFORMANCEGOAL AND PLAN.- --" after "(a)";(2) in subsection (b), by inserting "USE OF ENERGY COSTSAVINGS.- -" after "(b)";(3) in subsection (c), by inserting "SHARED ENERGY SAVINGSCONTRACTS.-" after "(c); and(4) in subsection (f), as redesignated by subsection (aX2),by inserting "ANNUAL REPORT.--" after "(f)".

    SEC. 2802. AUTHORITY TO CONSTRUCT REPLACEMENT FAMILY HOUS-ING UNITS.(a) AUTHOmRTY To CONSTRUCT REPLACEMENT UNITS.--Section2825 of title 10 , United States Code, is amended-(1) by redesignating subsection (c) as subsection (d); and(2) by inserting after subsection (b) the following new sub-section:"(cXl) The Secretary concerned may construct replacement mili-tary family housing units in lieu of improving existing militaryfamily housing units if-"(A) the improvement of the existing housing units hasbeen authorized by law;

    106 STAT. 2605

    HeinOnline -- 106 Stat. 2605 1992

  • 8/7/2019 106 Stat 2580

    28/192

    PUBLIC LAW 102-484-OCT. 23, 1992"(B) the Secretary determines that the improvement projectis no longer cost-effective after a review of post-design or bidcost estimates;"(C) the Secretary submits to the committees referred toin subsection (bXl) a notice containing-"(i) an economic analysis demonstrating that theimprovement project would exceed 70 percent of the costof constructing replacement housing units intended formembers of the armed forces in the same pay grade orgrades as those members who occupy the existing housingunits; and"(ii) if the replacement housing units are intendedfor members of the armed forces in a different pay gradeor grades, a justification of the need for the replacementhousing units based upon the long-term requirements ofthe armed forces in the location concerned; and"(D) a period of 21 days elapses after the date on whichthe Secretary submits the notice required by subparagraph(C)."(2) The amount that may be expended to construct replacementmilitary family housing units under this subsection may not exceedthe amount that is otherwise available to carry out the previously

    authorized improvement project.".(b) CONFORMING AMENDENT.-Section 2822(b) of such titleis amended by adding at the end the following new paragraph:"(5) Replacement housing units constructed under section2825(c) of this title.".Subtitle B-Defense Base Closure and Realignment

    SEC. 2821. USE OF PROCEEDS OF THE TRANSFER OR DISPOSAL OFCOMMISSARY STORE AN D OTHER FACILITIES AND PROP-ERTY.

    (a) BASE CLOSURES UNDER 1988 ACT.-(1) Section 204(bX4)of the Defense Authorization Amendments and Base Closure andRealignment Act (title II of Public Law 100-526; 10 U.S.C. 2687note) is amended by striking out subparagraphs (C)and (D)andinserting in lieu thereof the following new subparagraph:"(CXi) If any real property or facility acquired, constructed,or improved (in whole or in part) with commissary store fundsor nonappropriated funds is transferred or disposed of in connectionwith the closure or realignment of a military installation underthis title, a portion of the proceeds of the transfer or other disposalof property on that installation shall be deposited in a reserveaccount established in the Treasury to be administered by theSecretary. The Secretary may use amounts in the account (in suchan aggregate amount as is provided in advance in appropriationActs) for the purpose of acquiring, constructing, and improving-"(I) commissary stores; and"(II) real property and facilities for nonappropriated fundinstrumentalities."ii) The amount deposited under clause Ci) shall be equalto the depreciated value of the investment made with such fundsin the acquisition, construction, or improvement of that particularRegulations. real property or facility. The depreciated value of the investmentshall be computed in accordance with regulations prescribed bythe Secretary of Defense.

    106 STAT. 2606

    HeinOnline -- 106 Stat. 2606 1992

  • 8/7/2019 106 Stat 2580

    29/192

    PUBLIC LAW 102-484-OCT. 23, 1992"(iii) As used in this subparagraph:"(I) The term 'commissary store funds' means fundsreceived from the adjustment of, or surcharge on, selling pricesat commissary stores fixed under section 2685 of title 10, UnitedStates Code."(II) The term 'nonappropriated funds' means fundsreceived from a nonappropriated fund instrumentality."(III) The term 'nonappropriated fund instrumentality'means an instrumentality of the United States under the juris-diction of the Armed Forces (including the Army and Air ForceExchange Service, the Navy Resale and Services Support Office,and the Marine Corps exchanges) which is conducted for thecomfort, pleasure, contentment, or physical or mental improve-ment of members of the Armed Forces.".(2) Section 209 of such Act is amended by striking out para- 10 Usc 2687graph (10). note.(b) BASE CLOSURES UNDER 1990 ACT.-Section 2906 of theDefense Base Closure and Realignment Act of 1990 (part A oftitle XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amendedby striking out subsection (d), as added by section 344(bX1XB)of Public Law 102-190, and inserting in lieu thereof the followingnew subsection:"(d) DISPOSAL OR TRANSFER OF COMMISSARY STORES AND PROP-ERTY PURCHASED WITH NONAPPROPRIATED FUNDS.-(1) If any realproperty or facility acquired, constructed, or improved (in wholeor in part) with commissary store funds or nonappropriated fundsis transferred or disposed of in connection with the closure orrealignment of a military installation under this part, a portionof the proceeds of the transfer or other disposal of property onthat installation shall be deposited in the reserve account estab-lished under section 204(b)(4XC) of the Defense AuthorizationAmendments and Base Closure and Realignment Act (10 U.S.C.2687 note)."(2) The amount so deposited shall be equal to the depreciatedvalue of the investment made with such funds in the acquisition,

    construction, or improvement of that particular real property orfacility. The depreciated value of the investment shall be computed Regulations.in accordance with regulations prescribed by the Secretary ofDefense."(3) The Secretary may use amounts in the account (in suchan aggregate amount as is provided in advance in appropriationActs) for the purpose of acquiring, constructing, and improving-"(A) commissary stores; and"(B) real property and facilities for nonappropriated fundinstrumentalities."(4) As used in this subsection:"(A) The term 'commissary store funds' means fundsreceived from the adjustment of, or surcharge on, selling pricesat commissary stores fixed under section 2685 of title 10, UnitedStates Code."(B) The term 'nonappropriated funds' means fundsreceived from a nonappropriated fund instrumentality."(C) The term 'nonappropriated fund instrumentalitymeans an instrumentality of the United States under the juris-diction of the Armed Forces (including the Army and Air ForceExchange Service, the Navy Resale and Services Support Office,and the Marine Corps exchanges) which is conducted for the

    106 STAT. 2607

    HeinOnline -- 106 Stat. 2607 1992

  • 8/7/2019 106 Stat 2580

    30/192

    PUBLIC LAW 102-484-OCT. 23, 1992comfort, pleasure, contentment, or physical or mental improve-ment of members of the Armed Forces.".(c) CLOSURE OF FOREIGN MILITARY INSTALLATIONS.-Section2921(d)(1) of the National Defense Authorization Act for FiscalYear 1991 (Public Law 101-510; 10 U.S.C. 2687 note) is amendedin the first sentence by striking out "the value of the improvementscarried out" and inserting in lieu thereof "the depreciated valueof the investment made".

    10 USC 2687 SEC. 2822. DEMONSTRATION PROJECT FOR THE USE OF A NATIONALnote. RELOCATION CONTRACTOR TO ASSIST THE DEPARTMENT

    OF DEFENSE.(a) USE OF NATIONAL RELOCATION CONTRACTOR.-Subject tothe availability of appropriations therefor, the Secretary of Defenseshall enter into a one-year contract with a private relocation con-tractor operating on a nationwide basis to test the cost-effectivenessof using national relocation contractors to administer the Home-owners Assistance Program. The contract shall be competitivelyawarded not later than 30 days after the date of the enactmentof this Act.(b) REPORT ON CONTRACT.-Not later than one year after thedate on which the Secretary of Defense enters into the contractunder subsection (a), the Comptroller General shall submit to Con-gress a report containing the Comptroller General's evaluation ofthe effectiveness of using the national contractor for administeringthe program referred to in subsection (a). The report shall comparethe cost and efficiency of such administration with the cost andefficiency of-(1) the program carried out by the Corps of Engineersusing its own employees; and(2) the use of contracts with local relocation companiesat military installations being closed or realigned.

    SEC. 2823. CHANGE IN DATE OF REPORT OF COMPTROLLER GENERALTO CONGRESS AND DEFENSE BASE CLOSURE ANDREALIGNMENT COMMISSION.

    Section 2903(d)(5)(B) of the Defense Base Closure and Realign-ment Act of 1990 (part A of title XXIX of Public Law 101-510;10 U.S.C. 2687 note) is amended by striking out "May 15 of eachyear" and inserting in lieu thereof "April 15 of each year".SEC. 2824. AVAILABILITY OF CERTAIN FEDERAL PROPERTY FORAPPLICATION FOR USE TO ASSIST THE HOMELESS.

    (a) AVAILABILITY OF PROPERTY AFTER HOLDING PERIOD.--Sec-tion 501(cX4)(C) of the Stewart B. McKinney Homeless AssistanceAct (42 U.S.C. 11411(c)(4)(C)) is amended to read as follows:"(C) For purposes of subparagraph (A), property shall not beconsidered to remain available for application for use to assistthe homeless after the 60-day holding period provided under sub-section (d) if-"(i) an application for or written expression of interestin the property is made under any law for use of the propertyfor any purpose; or,"(ii) thb Administrator receives a bona fide offer to purchasethe property or advertises for the sale of the property by publicauction.".

    106 STAT. 2608

    HeinOnline -- 106 Stat. 2608 1992

  • 8/7/2019 106 Stat 2580

    31/192

    PUBLIC LAW 102-484-OCT. 23, 1992(b) TECHNICAL CORRECTION.-Section 501(f0(2) of the StewartB. McKinney Homeless Assistance Act (42 U.S.C. 11411(f)(2)) isamended by inserting "or" after "Unutilized".

    SEC. 2825. REVISION OF REQUIREMENTS RELATING TO BUDGET DATAON BASE CLOSURES.(a) COVERED FUNDING REQUESTS.-(1) Subsection (a) of section2822 of the National Defense Authorization Act for Fiscal Years1992 and 1993 (Public Law 102-190; 105 Stat. 1546; 10 U.S.C.

    2687 note) is amended-(A) by striking out "each military construction project"and inserting in lieu thereof "military construction relatingto the closure or realignment of the installation"; and(B) by striking out "the cost of such project" and insertingin lieu thereof "the cost of such construction".(2) Subsection (b) of such section is amended-(A) by striking out "of a military construction project" andinserting in lieu thereof "of military construction"; and(B) by striking out "the project" and inserting in lieu thereof"the construction".(b) INVESTIGATION BY INSPECTOR GENERAL.-Subsection (c) ofsuch section is amended-

    (1) in paragraph (1)-(A ) by striking out "each military construction project"and inserting in lieu thereof "the military construction";and (B) by striking out "the project" and inserting in lieuthereof "such construction"; and(2) by striking out paragraphs (2) and (3) and insertingin lieu thereof the following new paragraph (2):"(2) The Inspector General shall submit to the congressional Reports.defense committees a report describing the results of each investiga-tion conducted under paragraph (1).".SEC. 2826. CONSIDERATION OF COMMUNITY ABILITY TO COMPETEFOR THE RELOCATION OF FINANCE AND ACCOUNTING

    ACTIVITIES.(a) CONSIDERATION OF FACTORS.-In evaluating and selectingcommunities as sites for the relocation of financial and accountingactivities under the management of the Defense Finance AccountingService, the Secretary of Defense shall ensure that considerationis provided to the ability of States and communities to competefor the relocation based upon their relative size and potential tomake offers of incentives for the relocation.(b) REPORT.-The Secretary of Defense shall, with respect tothe relocation described in subsection (a) and not later than Feb-ruary 28, 1993, submit to the Committees on Armed Services ofthe Senate and House of Representatives a report on the advisabil-ity of using competitive procedures among communities to acquireproperty (through lease or otherwise) and other incentives withoutproviding reimbursement to the community for such property orincentives.SEC. 2827. OVERSEAS MILITARY FACILITY INVESTMENT RECOVERY

    ACCOUNT.(a) USE OF ACCOUNT AT OvERsEAS FACILITES.-Subsection (c)of section 2921 of the National Defense Authorization Act for FiscalYear 1991 (Public Law 101-510; 10 U.S.C. 2687 note) is amended-

    106 STAT. 2609

    HeinOnline -- 106 Stat. 2609 1992

  • 8/7/2019 106 Stat 2580

    32/192

    PUBLIC LAW 102-484-OCT. 23, 1992(1) in the first sentence of paragraph (2), by striking out"in connection with facility maintenance and repair andenvironmental restoration at military installations in theUnited States." and inserting in lieu thereof the following:"in connection with-"(A) facility maintenance and repair and environmentalrestoration at military installations in the United States; and"(B) facility maintenance and repair and compliance with

    applicable environmental laws at military installations outsidethe United States that the Secretary anticipates will be occu-pied by the Armed Forces for a long period.";(2) by striking out the second sentence of paragraph (2);and (3) by adding at the end the following new paragraphs:"(3) Funds in the Department of Defense Overseas FacilityInvestment Recovery Account shall remain available untilexpended.".(b) PAYMENTS-IN-KD.--Such section is further amended byadding at the end the following new subsection:"(e) NEGOTIATIONS FOR PAYMENS-IN-KIND.-Before the Sec-retary of Defense enters into negotiations with a host countryregarding the acceptance by the United States of any payment-in-kind in connection with the release to the host country ofimprovements made by the United States at military installationsin the host country, the Secretary shall submit a written noticeto the congressional defense committees containing a justificationfor entering into negotiations for payments-in-kind with the hostcountry and the types of benefit options to be pursued by theSecretary in the negotiations."(c ) ANNUAL REPORT ON OVERSEAS MILITARY FACILITY INVEST-MENT RECOVERY AccOuNT.-Such section is further amended byadding after subsection (e), as added by subsection (b), the followingnew subsection:"(f) REPORT ON STATUS AND USE OF SPECIAL AccOuNT.-Notlater than January 15 of each year, the Secretary of Defense shallsubmit to the congressional defense committees a report on theoperations of the Department of Defense Overseas Military FacilityInvestment Recovery Account during the preceding fiscal year andproposed uses of funds in the special account during the nextfiscal year. The report shall include the following:"(1) The amount of each deposit in the account duringthe preceding fiscal year, and the source of the amount."(2) The balance in the account at the end of that fiscalyear."(3) The amounts expended from the account by each mili-tary department during that fiscal year."(4) With respect to each military installation for which

    money was deposited in the account as a result of the releaseof real property or improvements of the installation to a hostcountry during that fiscal year-"(A) the total amount of the investment of the UnitedStates in the installation, expressed in terms of constantdollars of that fiscal year;"(B) the depreciated value (as determined by the Sec-retary of a military department under regulations to beprescribed by the Secretary of Defense) of the real propertyand improvements that were released; and

    106 STAT. 2610

    HeinOnline -- 106 Stat. 2610 1992

  • 8/7/2019 106 Stat 2580

    33/192

    PUBLIC LAW 102-484-OCT. 23, 1992"(C) the explanation of the Secretary for any differencebetween the benefits received by the United States forthe real property and improvements and the depreciatedvalue (as so determined) of that real property and improve-ments."(5) A list identifying all military installations outside theUnited States for which the Secretary proposes to makeexpenditures from the Department of Defense Overseas Facility

    Investment Recovery Account under subsection (c)(2)(B) duringthe next fiscal year and specifying the amount of the proposedexpenditures for each identified military installation."(6) A description of the purposes for which the expendi-tures proposed under paragraph (5) will be made and theneed for such expenditures.".Subtitle C-Land Transactions

    SEC. 2831. MODIFICATION OF LAND EXCHANGE, SAN DIEGO, CALIFOR-NIA.

    Section 837 of the Military Construction Authorization Act,1985 (Public Law 98-407; 98 Stat. 1529) is amended-(1) in subsection (a) by striking out "or the San DiegoEnergy Recovery Project, a joint powers agency of the cityand county of an Diego (hereinafter in this section referredto as 'SANDER'),";(2) by striking out subsection (c);(3) by redesignating subsections (d) and (e ) as subsections(e ) and (f);(4) by inserting after subsection (b) the following new sub-sections:"(c) ALTERNATIVE CONSIDERATION.-(1) In lieu of the 120 acresof land referred to in subsection (b) as consideration for the convey-ance under subsection (a), the Secretary of the Navy may permitthe City to convey to the Secretary-"(A) other real property suitable for use, as determinedby the Secretary, for military family housing;"(B) an amount equal to the fair market value of theparcel conveyed under subsection (a), as determined by theecretary; or"(C) a combination of real property and cash."(2) The Secretary may permit the alternative conveyance underparagraph (1) only if the Secretary determines that the City willuse the 120 acres of land for purposes associated with the cleanwater program of the City that are compatible with the missionand operations of the adjacent Naval Air Station, Miramar."(d) FAIR MARKET VALUE; USE OF PROCEEDS.-The total valueof the consideration to be provided to the United States undersubsections (b) and (c) shall be at least equal to the fair marketvalue of the lands conveyed under subsection (a), as determinedby the Secretary of the Navy. The City shall pay any differenceto the United States. Subject to the availability of appropriationsfor this purpose, the Secretary may use any amounts paid underthis section solely for the purpose of acquiring in the San Diegoarea a suitable site for,. or constructing or acquiring by directpurchase, military fOmily housing. Any funds received by the Sec-retary under this section and not used within 30 months afterreceipt shall be deposited into the special account established pursu-

    106 STAT. 2611

    HeinOnline -- 106 Stat. 2611 1992

  • 8/7/2019 106 Stat 2580

    34/192

    PUBLIC LAW 102-484-OCT. 23, 1992ant to section 204(h) of the Federal Property and AdministrativeServices Act of 1949 (40 U.S.C. 485(h))."; and(5) in subsection (e), as redesignated by paragraph (3),by striking out "or SANDER or by the City and SANDER".SEC. 2832. LAND ACQUISITION AND EXCHANGE, MYRTLE BEACH AIRFORCE BASE AND POINSETT WEAPONS RANGE, SOUTHCAROLINA.

    (a) LAND CONVEYANE.-The Secretary of the Air Force mayconvey to the State of South Carolina all right, title, and interestof the United States in and to