text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/179

 PUBLIC LAW 97-320—OCT. 15, 1982

96 STAT. 1541

"SHORT TITLE AND DEFINITIONS

1. (a) This Act may be cited as the 'Bank Service 12 USC 1861. Corporation Act'. "(b) For the purpose of this Act— "(1) the term 'appropriate Federal banking agency' shall have the meaning provided in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)); "(2) the term 'bank service corporation' means a corporation organized to perform services authorized by this Act, all of the capital stock of which is owned by one or more insured banks; "(3) the term 'Board' means the Board of Governors of the Federal Reserve System; "(4) the term 'depository institution' means an insured bank, or another financial institution subject to examination by the Federal Home Loan Bank Board or the National Credit Union Administration Board; "(5) the term 'insured bank' shall have the meaning provided in section 3(h) of the Federal Deposit Insurance Act (12 U.S.C. 1813(h)); "(6) the term 'invest' includes any advance of funds to a bank service corporation, whether by the purchase of stock, the making of a loan, or otherwise, except a payment for rent earned, goods sold and delivered, or services rendered prior to the making of such payment; and "(7) the term 'principal investor' means the insured bank that has the largest dollar amount invested in the capital stock of a bank service corporation. In any case where two or more insured banks have equal dollar amounts invested in a bank service corporation, the corporation shall, prior to commencing operations, select one of the insured banks as its principal investor and shall notify the bank's appropriate Federal banking agency of that choice within 5 business days of its selection. "SECTION

"AMOUNT OF INVESTMENT IN BANK SERVICE CORPORATION

"SEC. 2. Notwithstanding any limitation or prohibition otherwise 12 USC 1862. imposed by any provision of law exclusively relating to banks, an insured bank may invest not more than 10 per centum of paid-in and unimpaired capital and unimpaired surplus in a bank service corporation. No insured bank shall invest more than 5 per centum of its total assets in bank service corporations. "PERMISSIBLE BANK SERVICE CORPORATION ACTIVITIES FOR DEPOSITORY INSTITUTIONS

"SEC. 3. Without regard to the provisions of sections 4 and 5 of this 12 USC 1863. Act, an insured bank may invest in a bank service corporation that performs, and a bank service corporation may perform, the following services only for depository institutions: check and deposit sorting and posting, computation and posting of interest and other credits and charges, preparation and mailing of checks, statements, notices, and similar items, or any other clerical, bookkeeping, accounting, statistical, or similar functions performed for a depository institution.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/180

 96 STAT. 1542

PUBLIC LAW 97-320—OCT. 15, 1982 "PERMISSIBLE BANK SERVICE CORPORATION ACTIVITIES FOR OTHER PERSONS

12 USC 1864.

12 USC 1843.

"SEC. 4. (a) A bank service corporation may provide to any person any service authorized by this section, except that a bank service corporation shall not take deposits. "(b) Except with the prior approval of the Board under section 5(b) of this Act in accordance with subsection (f) of this section— "(Da bank service corporation shall not perform the services authorized by this section in any State other than that State in which its shareholders are located; and "(2) all insured bank shareholders of a bank service corporation shall be located in the same State. "(c) A bank service corporation in which a State bank is a shareholder shall perform only those services that such State bank shareholder is authorized to perform under the law of the State in which such State bank operates and shall perform such services only at locations in the State in which such State bank shareholder could be authorized to perform such services. "(d) A bank service corporation in which a national bank is a shareholder shall perform only those services that such national bank shareholder is authorized to perform under this Act and shall perform such services only at locations in the State at which such national bank shareholder could be authorized to perform such services. "(e) A bank service corporation that has both national bank and State bank shareholders shall perform only those services that may lawfully be performed by both its national bank shareholder or shareholders under this Act and its State bank shareholder or shareholders under the law of the State in which such State bank or banks operate and shall perform such services only at locations in the State at which both its State bank and national bank shareholders could be authorized to perform such services. "(f) Notwithstanding the other provisions of this section or any other provision of law, other than the provisions of Federal and State branching law regulating the geographic location of banks to the extent that those laws are applicable to an activity authorized by this subsection, a bank service corporation may perform at any geographic location any service, other than deposit taking, that the Board has determined, by regulation, to be permissible for a bank holding company under section 4(c)(8) of the Bank Holding Company Act. " P R I O R APPROVAL FOR INVESTMENTS IN BANK SERVICE CORPORATIONS

12 USC 1865.

"SEC. 5. (a) No insured bank shall invest in the capital stock of a bank service corporation that performs any service under authority of subsection (c), (d), or (e) of section 4 of this Act without the prior approval of the bank's appropriate Federal banking agency. "(b) No insured bank shall invest in the capital stock of a bank service corporation that performs any service under authority of section 4(f) of this Act and no bank service corporation shall perform any activity under section 4(f) of this Act without the prior approval of the Board. "(c) In determining whether to approve or deny any application for prior approval under this section, the Board or the appropriate Federal banking agency, as the case may be, is authorized to consid-

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/181

 PUBLIC LAW 97-320—OCT. 15, 1982

96 STAT. 1543

er the financial and managerial resources and future prospects of the bank or banks and bank service corporation involved, including the financial capability of the bank to make a proposed investment under this Act, and possible adverse effects such as undue concentration of resources, unfair or decreased competition, conflicts of interest, or unsafe or unsound banking practices. "(d) In the event the Board or the appropriate Federal banking agency, as the case may be, fails to act on any application under this section within ninety days of the submission of a complete application to the agency, the application shall be deemed approved. "SERVICES TO NONSTOCKHOLDERS

"SEC. 6. No bank service corporation shall unreasonably discrimi- 12 USC 1866. nate in the provision of any services authorized under this Act to any depository institution that does not own stock in the service corporation on the basis of the fact that the nonstockholding institution is in competition with an institution that owns stock in the bank service corporation, except that— "(1) it shall not be considered unreasonable discrimination for a bank service corporation to provide services to a nonstockholding institution only at a price that fully reflects all of the costs of offering those services, including the cost of capital and a reasonable return thereon; and "(2) a bank service corporation may refuse to provide services to a nonstockholding institution if comparable services are available from another source at competitive overall costs, or if the providing of services would be beyond the practical capacity of the service corporation. "REGULATION AND EXAMINATION OF BANK SERVICE CORPORATIONS

"SEC. 7. (a) A bank service corporation shall be subject to examina- 12 USC 1867. tion and regulation by the appropriate Federal banking agency of its principal investor to the same extent as its principal investor. The appropriate Federal banking agency of the principal shareholder of such a bank service corporation may authorize any other Federal banking agency that supervises any other shareholder of the bank service corporation to make such an examination. "(b) A bank service corporation shall be subject to the provisions of the Financial Institutions Supervisory Act of 1966 (12 U.S.C. 12 USC 1464 1818(b) et seq.) as if the bank service corporation were an insured note. bank. For this purpose, the appropriate Federal banking agency shall be the appropriate Federal banking agency of the principal investor of the bank service corporation. "(c) Notwithstanding subsection (a) of this section, whenever a bank that is regularly examined by an appropriate Federal banking agency, or any subsidiary or affiliate of such a bank that is subject to examination by that agency, causes to be performed for itself, by contract or otherwise, any services authorized under this Act, whether on or off its premises— "(1) such performance shall be subject to regulation and examination by such agency to the same extent as if such services were being performed by the bank itself on its own premises, and "(2) the bank shall notify such agency of the existence of the service relationship within thirty days after the making of such

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/182

 96 STAT. 1544

Regulations and orders.

PUBLIC LAW 97-320—OCT. 15, 1982

service contract or the performance of the service, whichever occurs first. "(d) The Board and the appropriate Federal banking agencies are authorized to issue such regulations and orders as may be necessary to enable them to administer and to carry out the purposes of this Act and to prevent evasions thereof.". NEIGHBORHOOD REINVESTMENT CORPORATION

42 USC 8103.

42 USC 8105.

SEC. 710. (a) Section 604 of the Neighborhood Reinvestment Corporation Act (Public Law 95-557) is amended— (1) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively, and by inserting after subsection (e) the following: "(DA director who is necessarily absent from a meeting of the board, or of a committee of the board, may participate in such meeting through a duly designated representative who is serving, pursuant to appointment by the President of the United States, by and with the advice and consent of the Senate, in the same department, agency, corporation, or instrumentality as the absent director, or in the case of the Comptroller of the Currency, through a duly designated Deputy Comptroller."; and (2) by inserting in section 604(g), as redesignated, after "members" a comma and the words "or their representatives as provided in subsection (f),". (b) Section 606(c)(3) of such Act is amended by inserting "funds," after "provide". M A R R I N E R S. E C C L E S FEDERAL R E S E R V E B O A R D BUILDING

Designation.

SEC. 711. The building at 20th and Constitution Avenue, Northwest, in Washington, District of Columbia (commonly known as the Federal Reserve Board Main Building) shall hereafter be known and designated as the "Marriner S. Eccles Federal Reserve Board Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to that building shall be held to be a reference to the "Marriner S. Eccles Federal Reserve Board Building". INSURANCE STUDY

SEC. 712. (a) The Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, and the National Credit Union Administration Board shall each conduct a study of— (1) the current system of deposit insurance and its impact on the structure and operations of depository institutions; (2) the feasibility of providing depositors the option to purchase additional deposit insurance covering deposits in excess of the general limit provided by law and the capabilities of the private insurance system, either directly or through reinsurance, to provide risk coverage in excess of the general statutory limit; (3) the feasibility of basing deposit insurance premiums on the risk posed by either the insured institution or the category or size of the depository institution rather than the present flat rate system;

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/183

 PUBLIC LAW 97-320—OCT. 15, 1982

96 STAT. 1545

(4) the impact of expanding coverage of insured deposits upon the operations of the insurance funds, including the possibility of increased or undue risk to the funds; (5) the feasibility of revising the deposit insurance system to provide even greater protection for smaller depositors while fostering a greater degree of discipline with respect to large depositors; (6) the adequacy of existing public disclosure regarding the condition and business practices of insured depository institutions, and providing an assessment of changes which may be needed to assure adequate public disclosure; (7) the feasibility of consolidating the three separate insurance funds; and (8) other related issues. (b) A report containing the results of each of the studies carried out under subsection (a) shall be transmitted to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and to the Committee on Banking, Housing, and Urban Affairs of the Senate not later than six months after the date of enactment of this Act. TITLE VIII—ALTERNATIVE MORTGAGE TRANSACTIONS SHORT TITLE

SEC. 801. This title may be cited as the "Alternative Mortgage Transaction Parity Act of 1982".

^J^T"^^'^^ Mortgage Transaction Parity Act of 1982.

12 USC 380i

note.

FINDINGS AND PURPOSE

SEC. 802. (a) The Congress hereby finds that— 12 USC 3801. (1) increasingly volatile and dynamic changes in interest rates have seriously impared the ability of housing creditors to provide consumers with fixed-term, fixed-rate credit secured by interests in real property, cooperative housing, manufactured homes, and other dwellings; (2) alternative mortgage transactions are essential to the provision of an adequate supply of credit secured by residential property necessary to meet the demand expected during the 1980's; and (3) the Comptroller of the Currency, the National Credit Union Administration, and the Federal Home Loan Bank Board have recognized the importance of alternative mortgage transactions and have adopted regulations authorizing federally chartered depository institutions to engage in alternative mortgage financing. (b) It is the purpose of this title to eliminate the discriminatory impact that those regulations have upon nonfederally chartered housing creditors and provide them with parity with federally chartered institutions by authorizing all housing creditors to make, purchase, and enforce alternative mortgage transactions so long as the transactions are in conformity with the regulations issued by the Federal agencies. DEFINITIONS

SEC. 803. As used in this title—

12 USC 3802.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/184

 96 STAT. 1546

42 USC 5402.

12 USC i735f-7 "°^^12 USC 1701.

PUBLIC LAW 97-320—OCT. 15, 1982 (1) the term "alternative mortgage transaction" means a loan or credit sale secured by an interest in residential real property, a dwelling, all stock allocated to a dwelling unit in a residential cooperative housing corporation, or a residential manufactured home (as that term is defined in section 603(6) of the National Manufactured Home Construction and Safety Standards Act of 1974)— (A) in which the interest rate or finance charge may be adjusted or renegotiated; (B) involving a fixed-rate, but which implicitly permits rate adjustments by having the debt mature at the end of an interval shorter than the term of the amortization schedule; or (C) involving any similar type of rate, method of determining return, term, repayment, or other variation not common to traditional fixed-rate, fixed-term transactions, including without limitation, transactions that involve the sharing of equity or appreciation; described and defined by applicable regulation; and (2) the term "housing creditor" means— (A) a depository institution, as defined in section 501(a)(2) of the Depository Institutions Deregulation and Monetary Control Act of 1980; (B) a lender approved by the Secretary of Housing and Urban Development for participation in any mortgage insurance program under the National Housing Act; (C) any person who regularly makes loans, credit sales, or advances secured by interests in properties referred to in paragraph (1); or (D) any transferee of any of them. A person is not a "housing creditor" with respect to a specific alternative mortgage transaction if, except for this title, in order to enter into that transaction, the person would be required to comply with licensing requirements imposed under State law, unless such person is licensed under applicable State law and such person remains, or becomes, subject to the applicable regulatory requirements and enforcement mechanisms provided by State law. ALTERNATIVE MORTGAGE AUTHORITY

12 USC 3803.

SEC. 804. (a) In order to prevent discrimination against Statechartered depository institutions, and other nonfederally chartered housing creditors, with respect to making, purchasing, and enforcing alternative mortgage transactions, housing creditors may make, purchase, and enforce alternative mortgage transactions, except that this section shall apply— (1) with respect to banks, only to transactions made in accordance with regulations governing alternative mortgage transactions as issued by the Comptroller of the Currency for national banks, to the extent that such regulations are authorized by rulemaking authority granted to the Comptroller of the Currency with regard to national banks under laws other than this section; (2) with respect to credit unions, only to transactions made in accordance with regulations governing alternative mortgage

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/185

 PUBLIC LAW 97-320—OCT. 15, 1982

96 STAT. 1547

transactions as issued by the National Credit Union Administration Board for Federal credit unions, to the extent that such regulations are authorized by rulemaking authority granted to the National Credit Union Administration with regard to Federal credit unions under laws other than this section; and (3) with respect to all other housing creditors, including without limitation, savings and loan associations, mutual savings banks, and savings banks, only to transactions made in accordance with regulations governing alternative mortgage transactions as issued by the Federal Home Loan Bank Board for federally chartered savings and loan associations, to the extent that such regulations are authorized by rulemaking authority granted to the Federal Home Loan Bank Board with regard to federally chartered savings and loan associations under laws other than this section. (b) For the purpose of determining the applicability of this section, an alternative mortgage transaction shall be deemed to be made in accordance with the applicable regulation notwithstanding the housing creditor's failure to comply with the regulation, if— (1) the transaction is in substantial compliance with the regulation; and (2) within sixty days of discovering any error, the housing creditor corrects such error, including making appropriate adjustments, if any, to the account. (c) An alternative mortgage transaction may be made by a housing creditor in accordance with this section, notwithstanding any State constitution, law, or regulation. APPLICABILITY

SEC. 805. (a) The provisions of section 804 shall not apply to any 12 USC 3804. alternative mortgage transaction in any State made on or after the effective date (if such effective date occurs on or after the effective date of this title and prior to a date three years after the effective date of this title) of a State law or a certification that the voters of such State have voted in favor of any provision, constitutional or otherwise, which states explicitly and by its terms that such State does not want the preemption provided in section 804 to apply with respect to alternative mortgage transactions subject to the laws of such State, except that section 804 shall continue to apply to— (1) any alternative mortgage transaction undertaken on or after such date pursuant to an agreement to undertake such alternative mortgage transaction which was entered into on or after the effective date of this title and prior to such later date (the "preemption period"); and (2) any renewal, extension, refinancing, or other modification of an alternative mortgage transaction that was entered into during the preemption period. (b) An alternative mortgage transaction shall be deemed to have been undertaken during the preemption period to which this section applies if it— (1) is funded or extended in whole or in part during the preemption period, regardless of whether pursuant to a commitment or other agreement therefor made prior to that period; or (2) is a renewal, extension, refinancing, or other modification of an alternative mortgage transaction entered into before the preemption period and such renewal, extension, or other modifi-

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/186

 96 STAT. 1548

PUBLIC LAW 97-320—OCT. 15, 1982 cation is made during such period with the written consent of any person obligated to repay such credit. RELATION TO OTHER LAW

12 USC 3805. 12 USC i735f-7 note.

SEC. 806. Section 501(c)(1) of the Depository Institutions Deregulation and Monetary Control Act of 1980 shall not apply to transactions which are subject to this title. EFFECTIVE DATE

12 USC 3801 "^^^"

SEC. 807. (a) This title shall be effective upon enactment. (b) Within sixty days of the enactment of this title, the Comptroller of the Currency, the National Credit Union Administration, and the Federal Home Loan Bank Board shall identify, describe, and publish those portions or provisions of their respective regulations that are inappropriate for (and thus inapplicable to), or that need to be conformed for the use of, the nonfederally chartered housing creditors to which their respective regulations apply, including without limitation, making necessary changes in terminology to conform the regulatory and disclosure provisions to those more typically associated with various types of transactions including credit sales. Approved October 15, 1982.

LEGISLATIVE HISTORY—H.R. 6267 (S. 2879): HOUSE REPORTS: No. 97-550 (Comm. on Banking, Finance and Urban Affairs) and No. 97-899 (Comm. of Conference). SENATE REPORTS: No. 97-536 accompanying S. 2879 (Comm. on Banking, Housing, and Urban Affairs) and No. 97-641 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 128 (1982): May 20, considered and passed House. Sept. 24, S. 2879 considered and passed Senate; H.R. 6267, amended, passed in lieu. Sept. 30, Senate agreed to conference report. Oct. 1, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 41 (1982): Oct. 15, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/187

 PUBLIC LAW 97-321—OCT. 15, 1982

96 STAT. 1549

Public Law 97-321 97th Congress An Act To authorize certain construction at military installations for fiscal year 1983, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Military Construction Authorization Act, 1983'\

Oct. 15, 1982 [S. 2586]

Military Authorization Act, 1983.

TITLE I—ARMY AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS

SEC. 101. The Secretary of the Army may acquire real property and may carry out military construction projects in the amounte shown for each of the following installations and locations: INSIDE THE UNITED STATES UNITED STATES ARMY FORCES COMMAND

Fort Bragg, North Carolina, $25,120,000. Fort Campbell, Kentucky, $10,650,000. Fort Carson, Colorado, $11,900,000. Fort Devens, Massachusetts, $3,200,000. Fort Drum, New York, $1,550,000. Fort Hood, Texas, $21,750,000. Fort Irwin, California, $21,590,000. Fort Lewis, Washington, $21,700,000. Fort McPherson, Georgia, $41,000,000. Fort Meade, Maryland, $2,500,000. Fort Ord, California, $8,900,000. Fort Polk, Louisiana, $16,840,000. Camp Roberts, California, $2,050,000. Fort Sam Houston, Texas, $22,000,000. Fort Stewart, Georgia, $23,000,000. Fort Wainwright, Alaska, $3,020,000. Yakima Firing Center, Washington, $2,950,000. UNITED STATES ARMY WESTERN COMMAND

Schofield Barracks, Hawaii, $2,930,000. Aliamanu, Hawaii, $4,100,000. UNITED STATES ARMY TRAINING AND DOCTRINE COMMAND

Fort Fort Fort Fort Fort

Benning, Georgia, $26,250,000. Bliss, Texas, $21,300,000. Eustis, Virginia, $6,400,000. Gordon, Georgia, $9,200,000. Knox, Kentucky, $8,400,000.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/188

 96 STAT. 1550

PUBLIC LAW 97-321—OCT. 15, 1982 Fort Fort Fort Fort Fort

Leavenworth, Kansas, $17,800,000. Leonard Wood, Missouri, $11,000,000. McClellan, Alabama, $7,500,000. Rucker, Alabama, $17,750,000. Story, Virginia, $13,800,000.

UNITED STATES ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND

Aberdeen Proving Ground, Maryland, $27,500,000. Pine Bluff Arsenal, Arkansas, $19,650,000. Red River Army Depot, Texas, $39,000,000. Tooele Army Depot, Utah, $4,150,000. White Sands Missile Range, New Mexico, $5,500,000. AMMUNITION FACILITIES

Indiana Army Ammunition Plant, Indiana, $2,910,000. Iowa Army Ammunition Plant, Iowa, $430,000. Kansas Army Ammunition Plant, Kansas, $7,200,000. Longhorn Army Ammunition Plant, Texas, $230,000. Louisiana Army Ammunition Plant, Louisiana, $3,410,000. Milan Army Ammunition Plant, Tennessee, $5,500,000. Radford Army Ammunition Plant, Virginia, $2,400,000. Sunflower Army Ammunition Plant, Kansas, $3,000,000. UNITED STATES ARMY COMMUNICATIONS COMMAND

Fort Huachuca, Arizona, $2,600,000. UNITED STATES ARMY HEALTH SERVICES COMMAND

Fort Detrick, Maryland, $1,700,000. Fitzsimons Army Medical Center, Colorado, $3,600,000. Walter Reed Army Medical Center, Washington, District of Columbia, $9,800,000. BALLISTIC MISSILE DEFENSE SYSTEMS COMMAND

Classified Locations, $20,000,000. OUTSIDE THE UNITED STATES EIGHTH UNITED STATES ARMY

Korea, $57,850,000. UNITED STATES ARMY FORCES COMMAND

Panama, $6,800,000. Egypt, $50,400,000. UNITED STATES ARMY, EUROPE

Germany, $240,440,000. Turkey, $7,050,000.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/189

 PUBLIC LAW 97-321—OCT. 15, 1982

96 STAT. 1551

UNITED STATES ARMY WESTERN COMMAND

Johnston Island, $1,050,000. UNITED STATES ARMY COMMUNICATIONS COMMAND

Germany, $3,950,000. CONTRACTING FOR CERTAIN PROJECTS

SEC. 102. (a) The following projects authorized in section 101 may be carried out only as provided in subsection (b): Insulation of Buildings in the amount of $1,550,000 at Fort Drum, New York. Division Headquarters in the amount of $13,800,000 at Fort Hood, Texas. Headquarters Facility in the amount of $41,000,000 at Fort McPherson, Georgia. Health Clinic in the amount of $1,050,000 at Fort Benning, Georgia. Barracks in the amount of $9,700,000 at Fort Benning, Georgia. Post Office in the amount of $270,000 at Fort Benning, Georgia. Training Facility in the amount of $9,200,000 at Fort Gordon, Georgia. Barracks in the amount of $18,100,000 at Aberdeen Proving Ground, Maryland. Barracks in the amount of $20,000,000 at Fort Sam Houston, Texas. Dining Facility Modernization in the amount of $310,000 at Fort Sam Houston, Texas. Air Conditioning in the amount of $2,000,000 at Fort Sam Houston, Texas. Community Center in the amount of $4,100,000 at Aliamanu, Hawaii. (b) A contract for a project listed in subsection (a) may be entered into only if the funds to be obligated for the contract are derived from the total amount of funds (if any) available from (1) the net savings from the execution of the projects authorized by section 101 other than those listed in subsection (a), (2) total savings from cancellations of such projects, and (3) other sources, including savings from projects authorized for the Army in previous military construction authorization Acts. (c) Before the Secretary of the Army may advertise for bids, or Report to may negotiate, for a contract described in subsection (b), the Secre- co^^^t^ees^^ tary shall submit a written report to the appropriate committees of ^^^^^ Congress certifying that funds for the contract are available in accordance with subsection (b) and identifying the source of the funds. Such a report may not be submitted before June 1, 1983, or after June 30, 1983. MINOR CONSTRUCTION

SEC. 103. The Secretary of the Army may carry out minor construction projects under the authority of section 2805 of title 10, United States Code, and construction projects in amounts of

Ante, p. 155.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/190

 96 STAT. 1552

PUBLIC LAW 97-321—OCT. 15, 1982

$1,000,000 or less under the authority of this section, in the total amount of $53,780,000. FAMILY HOUSING

SEC. 104. (a) The Secretary of the Army may construct family housing (including land acquisition) and acquire manufactured home facilities at the following installations in the number of units shown, and in the amount shown, for each installation: Fort Irwin, California, one hundred and fourteen units, $8,208,000. Fort Lewis, Washington, one hundred and fifteen units, $8,962,000. (b) Section 601(c) of the Military Construction Authorization Act, 1982 (Public Law 97-99; 95 Stat. 1373), is amended by striking out "four hundred and fifty-four units" in the item relating to Fort Irwin, California, and inserting in lieu thereof "four hundred and eighty-four units". IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS

Ante, p. 159.

SEC. 105. (a) Subject to section 2825 of title 10, United States Code, the Secretary of the Army may make expenditures to improve existing military family housing units in an amount not to exceed $115,760,000, of which $43,800,000 is available only for energy conservation projects. (b) Within the amount specified in subsection (a), the Secretary of the Army may, notwithstanding the maximum amount per unit for an improvement project for family housing units under section 2825 of title 10, United States Code, carry out projects to improve existing military family housing units at the following installations in the number of units shown, and in the amount shown, for each installation: Aberdeen Proving Ground, Maryland, one hundred and sixty units, $6,080,000. Fort Hamilton, New York, one hundred and eight units, $4,800,000. (c) Section 505 of the Military Construction Authorization Act, 1976 (Public Law 94-107; 89 Stat. 561), is amended by striking out "$195,000" in the item relating to Fort McNair, Washington, District of Columbia, and inserting in lieu thereof "$223,000". LIMITATION ON LEASING OF HOUSING IN FOREIGN COUNTRIES

SEC. 106. Section 605(a)(2) of the Military Construction Authorization Act, 1982 (Public Law 97-99; 95 Stat. 1374), is amended by striking out "$113,717,000" and inserting in lieu thereof "$118,017,000". LIMITS ON PROJECTS IN SUPPORT OF THE MASTER RESTATIONING PLAN

Agreement, c"*'"^re ^ ongress.

SEC. 107. (a) None of the funds appropriated pursuant to authorizations of appropriations in this Act may be obligated or expended ^^^ projects in the Federal Republic of Germany in support of the master restationing plan until (1) there is a formal agreement between the governments of the United States and the Federal Republic of Grermany on the cost sharing arrangements that will apply to £dl projects in support of such master restationing plan, (2)

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/191

 PUBLIC LAW 97-321—OCT. 15, 1982

96 STAT. 1553

the Secretary of Defense has submitted a copy of the agreement to Congress, and (3) a period of 30 days of continuous session of Congress has expired following the date of such submittal, (b) For the purposes of subsection (a), the continuity of a session of Congress is broken only by an adjournment sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the 30-day period. TITLE II—NAVY AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS

SEC. 201. The Secretary of the Navy may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations: INSIDE THE UNITED STATES UNITED STATES MARINE CORPS

Marine Corps Air Station, Beaufort, South Carolina, $4,650,000. Marine Corps Base, Camp Lejeune, North Carolina, $28,550,000. Marine Corps Base, Camp Pendleton, California, $33,965,000. Marine Corps Air Station, Cherry Point, North Carolina, $31,800,000. Marine Corps Air Station, El Toro, California, $7,200,000. Marine Corps Air Station, Kaneohe Bay, Hawaii, $1,450,000. Marine Corps Recruit Depot, Parris Island, South Carolina, $1,550,000. Marine Corps Development and Education Command, Quantico, Virginia, $23,250,000. Marine Corps Recruit Depot, San Diego, California, $27,100,000. Marine Corps Air Station, Tustin, California, $7,350,000. OFFICE OF NAVAL RESEARCH

Naval Research Laboratory, Washington, District of Columbia, $1,800,000. CHIEF OF NAVAL OPERATIONS

Naval Academy, Annapolis, Maryland, $16,900,000. Naval Submarine Support Base, Kings Bay, Kingsland, Georgia, $147,750,000. Naval Support Activity, San Francisco, California, $1,400,000. COMMANDER IN CHIEF, UNITED STATES ATLANTIC FLEET

Naval Air Station, Cecil Field, Florida, $9,300,000. Naval Station, Charleston, South Carolina, $12,250,000. Naval Amphibious Base, Little Creek, Virginia, $1,850,000. Naval Station, Mayport, Florida, $36,100,000. Naval Submarine Base, New London, Groton, Connecticut, $5,900,000. Commander Oceanographic System Atlantic, Norfolk, Virginia, $3,100,000. Atlantic Fleet Headquarters Support Activity, Norfolk, Virginia, $2,085,000.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/192

 96 STAT. 1554

PUBLIC LAW 97-321—OCT. 15, 1982 Naval Air Station, Norfolk, Virginia, $2,150,000. Naval Air Station, Oceana, Virginia, $6,200,000. COMMANDER IN CHIEF, UNITED STATES PACIFIC FLEET

Naval Facility, Adak, Alaska, $1,900,000. Naval Air Station, Alameda, California, $3,650,000. Naval Air Station, Lemoore, California, $10,700,000. Naval Air Station, Moffett Field, California, $11,800,000. Naval Air Station, North Island, California, $31,070,000. Naval Station, Pearl Harbor, Hawaii, $14,400,000. Naval Station, San Diego, California, $27,300,000. Shore Intermediate Maintenance Activity, San Diego, California, $14,100,000. Shore Intermediate Maintenance Activity, Pearl Harbor, Hawaii, $7,000,000. Naval Air Station, Whidbey Island, Washington, $1,200,000. NAVAL EDUCATION AND TRAINING COMMAND

Fleet Combat Training Center, Atlantic, Dam Neck, Virginia, $1,700,000. Naval Air Station, Corpus Christi, Texas, $2,800,000. Naval Training Center, Great Lakes, Illinois, $1,850,000. Naval Air Station, Memphis, Tennessee, $8,400,000. Naval Education and Training Center, Newport, Rhode Island, $1,100,000. Fleet Training Center, Norfolk, Virginia, $5,400,000. Naval Training Center, Orlando, Florida, $5,500,000. Naval Air Station, Pensacola, Florida, $5,400,000. Naval Technical Training Center, Pensacola, Florida, $4,450,000. Fleet Anti-Submarine Warfare Training Center Pacific, San Diego, California, $3,950,000. Naval Air Station, Whiting Field, Florida, $7,650,000. BUREAU OF MEDICINE AND SURGERY

Naval Regional Medical Center, Oakland, California, $9,700,000. Naval Regional Medical Center, Camp Lejeune, North Carolina, $2,800,000. NAVAL MATERIAL COMMAND

Naval Weapons Station, Charleston, South Carolina, $1,140,000. Naval Air Rework Facility, Cherry Point, North Carolina, $5,550,000. Naval Weapons Center, China Lake, California, $8,700,000. Naval Surface Weapons Center, Dahlgren, Virginia, $10,800,000, all of which must be used for the Applied Research Center, Wallops Island, Virginia. Navy Public Works Center, Great Lakes, Illinois, $3,400,000. Mare Island Naval Shipyard, Vallejo, California, $9,150,000. Naval Underwater Systems Center, Newport, Rhode Island, $6,500,000. Norfolk Naval Shipyard, Portsmouth, Virginia, $160,000,000. Navy Public Works Center, Norfolk, Virginia, $16,030,000. Naval Air Rework Facility, North Island, California, $18,500,000. Aviation Supply Office, Philadelphia, Pennsylvania, $1,400,000.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/193

 PUBLIC LAW 97-321—OCT. 15, 1982

96 STAT. 1555

Naval Ship System Engineering Station, Philadelphia, Pennsylvania, $1,500,000. Philadelphia Naval Shipyard, Philadelphia, Pennsylvania, $17,500,000. Naval Ship Weapon System Engineering Station, Port; Hueneme, California, $7,800,000. Naval Supply Center, San Diego, California, $4,430,000. Naval Mine Engineering Facility, Yorktown, Virginia, $3,250,000. Navy Public Works Center, San Francisco, California, $9,800,000. Portsmouth Naval Shipyard, Kittery, Maine, $6,600,000. Naval Air Development Center, Warminster, Pennsylvania, $1,400,000. Naval Surface Weapons Center, White Oak, Maryland, $1,700,000. NAVAL TELECOMMUNICATIONS COMMAND

Naval Communication Area Master Station Eastern Pacific, Honolulu, Hawaii, $6,300,000. Naval Communication Area Master Station Atlantic, Norfolk, Virginia, $1,850,000. OUTSIDE THE UNITED STATES UNITED STATES MARINE CORPS

Marine Corps Base, Camp Butler, Okinawa, Japan, $2,000,000. Marine Corps Air Station, Iwakuni, Japan, $1,350,000. COMMANDER IN CHIEF, UNITED STATES ATLANTIC FLEET

Naval Facility, Kefiavik, Iceland, $1,400,000. Naval Station, Keflavik, Iceland, $8,800,000. COMMANDER IN CHIEF, UNITED STATES PACIFIC FLEET

Naval Air Facility, Atsugi, Japan, $1,700,000. Naval Air Station, Cubi Point, Republic of the Philippines, $10,400,000. Naval Support Facility, Diego Garcia, Indian Ocean, $53,395,000. Naval Magazine, Guam, Mariana Islands, $24,000,000. Naval Activities, Kenya, $8,300,000. Naval Activities, Somalia, $30,000,000. COMMANDER IN CHIEF, NAVAL FORCES, EUROPE

Naval Air Station, Sigonella, Italy, $31,900,000. NAVAL MATERIAL COMMAND

Navy Public Works Center, Subic Bay, Republic of the Philippines, $2,050,000. NAVAL TELECOMMUNICATIONS COMMAND

Naval Communication Area Master Station, Western Pacific, Guam, $1,750,000. Naval Communication Area Master Station, Mediterranean, Naples, Italy, $2,500,000.

97-200 O - 8 4 - p t. 2

7: QL3

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/194

 96 STAT. 1556

PUBLIC LAW 97-321—OCT. 15, 1982 Naval Communication Station, Thurso, Scotland, $1,400,000. NAVAL SECURITY GROUP COMMAND

Naval Security Group Activity, Edzell, Scotland, $9,390,000. HOST NATION INFRASTRUCTURE SUPPORT

Various Locations, $3,000,000. CONTRACTING FOR CERTAIN PROJECTS

Report to '^onfmlttees commi

SEC. 202. (a) The following projects authorized in section 201 may be carried out only as provided in subsection (b): Maintenance Hanger in the amount of $12,600,000 at the Naval Station, Mayport, Florida, Maintenance Facility in the amount of $7,700,000 at the Naval Station, Mayport, Florida. Land Acquisition in the amount of $6,200,000 at the Naval Air Station, Oceana, Virginia. Dining Facility in the amount of $820,000 at the Naval Air Station, Meridian, Mississippi. Airfield Pavement in the amount of $7,650,000 at the Naval Air Station, Whiting Field, Florida. Electrical Distribution System Addition in the amount of $3,500,000 at Mare Island Naval Shipyard, Vallejo, California. Compressed Breathing Air Distribution System in the amount of $3,400,000 at Mare Island Naval Shipyard, Vallejo, California. Administrative Office Modernization in the amount of $1,000,000 at the Aviation Supply Office, Philadelphia, Pennsylvania. Electrical Distribution in the amount of $1,500,000 at the Naval Ship Systems Engineering Station, Philadelphia, Pennsylvania. Engineering Management Building in the amount of $17,500,000 at the Philadelphia Naval Shipyard, Philadelphia, Pennsylvania. Fire Protection System in the amount of $1,000,000 at the Philadelphia Naval Shipyard, Philadelphia, Pennsylvania. Steam Plant Improvement in the amount of $900,000 at the Portsmouth Naval Shipyard, Kittery, Maine. Tool Shop Modernization in the amount of $4,400,000 at the Portsmouth Naval Shipyard, Kittery, Maine. Ammunition Wharf in the amount of $24,000,000 at the Naval Magazine, Guam, Mariana Islands, (b) A contract for a project listed in subsection (a) may be entered into only if the funds to be obligated for the contract are derived from the total amount of funds (if any) available from (1) the net savings from the execution of the projects authorized by section 201 other than those listed in subsection (a), (2) total savings from cancellations of such projects, and (3) other sources, including savings from projects authorized for the Navy in previous military construction authorization Acts. (c) Before the Secretary of the Navy may advertise for bids, or ^ ^ ^ negotiate, for a contract described in subsection (b), the Secre^ ^ shall submit a written report to the appropriate committees of

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/195

 PUBLIC LAW 97-321—OCT. 15, 1982

96 STAT. 1557

Congress certifying that funds for the contract are available in accordance with subsection (b) and identifying the source of the funds. Such a report may not be submitted before June 1, 1983, or after June 30, 1983. MINOR CONSTRUCTION

SEC. 203. The Secretary of the Navy may carry out minor construction projects under the authority of section 2805 of title 10, Ante, p. 155. United States Code, and construction projects in amounts of $1,000,000 or less under the authority of this section, in the total amount of $61,068,000. FAMILY HOUSING

SEC. 204. (a) The Secretary of the Navy may construct family housing (including land acquisition) and acquire manufactured home facilities at the following installations in the number of units shown, and in the amount shown, for each installation: Marine Corps Base, Camp Pendleton, California, one hundred and four units, $8,200,000. Marine Corps Mountain Warfare Training Center, Bridgeport, California, seventy-seven units, $8,470,000. Naval Station, Long Beach, California, two hundred units, $16,200,000. Naval Air Training Center, Patuxent River, Maryland, two hundred and fifty units, $19,500,000. Naval Station, Guantanamo Bay, Cuba, one hundred units, $11,000,000. (b) The Secretary of the Navy may purchase 91 acres of land at a cost not to exceed $1,000,000 in support of a future project to construct family housing units at the Naval Station, Mayport, Florida. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS

SEC. 205. (a) Subject to section 2825 of title 10, United States Code, Ante, p. 159. the Secretary of the Navy may make expenditures to improve existing military family housing units in an amount not to exceed $30,533,000, of which $7,574,000 is available only for energy conservation projects. (b) Within the amount specified in subsection (a), the Secretary of the Navy may, notwithstanding the maximum amount per unit prescribed in section 2825(b) of title 10, United States Code, carry out a project to improve an existing military family housing unit at the Naval Station, Guantanamo Bay, Cuba, in the amount of $75,000. HOUSING UNITS ACQUIRED FROM PUBLIC HEALTH SERVICE

SEC. 206. The Secretary of the Navy may use for military family housing purposes the seven housing units comprising a portion of the United States Public Health Service Facility, Norfolk, Virginia, to be acquired by the Secretary of the Navy by transfer from the Secretary of Health and Human Services pursuant to section 987 of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35). 95 Stat. 603. 42 USC 248b.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/196

 96 STAT. 1558

PUBLIC LAW 97-321—OCT. 15, 1982 TITLE III—AIR FORCE AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS

S E C 301. The Secretary of the Air Force may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations: INSIDE THE UNITED STATES AIR FORCE LOGISTICS COMMAND

Hill Air Force Base, Utah, $5,845,000. Kelly Air Force Base, Texas, $12,000,000. McClellan Air Force Base, California, $9,000,000. Robins Air Force Base, Georgia, $4,700,000. Tinker Air Force Base, Oklahoma, $10,650,000. Wright-Patterson Air Force Base, Ohio, $32,186,000. AIR FORCE SYSTEMS COMMAND

Arnold Engineering Development Center, Tennessee, $6,600,000. Edwards Air Force Base, California, $12,100,000. Eglin Air Force Base, Florida, $22,600,000. Fort MacArthur, California, $1,900,000. Laurence G. Hanscom Air Force Base, Massachusetts, $9,100,000. Cape Canaveral, Florida, $9,100,000. Moffett Naval Air Station, California, $1,900,000. Sunnyvale Air Force Station, California, $11,700,000. AIR TRAINING COMMAND

Chanute Air Force Base, Illinois, $22,260,000. Columbus Air Force Base, Mississippi, $1,150,000. Goodfellow Air Force Base, Texas, $15,300,000. Keesler Air Force Base, Mississippi, $9,000,000. Lackland Air Force Base, Texas, $6,100,000. Laughlin Air Force Base, Texas, $5,770,000. Lowry Air Force Base, Colorado, $13,050,000. Maxwell Air Force Base, Alabama, $15,150,000. Randolph Air Force Base, Texas, $3,900,000. Reese Air Force Base, Texas, $3,750,000. Sheppard Air Force Base, Texas, $5,500,000. Vance Air Force Base, Oklahoma, $8,000,000. Williams Air Force Base, Arizona, $8,700,000. ALASKAN AIR COMMAND

Eielson Air Force Base, Alaska, $6,580,000. Elmendorf Air Force Base, Alaska, $4,800,000. Galena Airport, Alaska, $2,050,000. Shemya Air Force Base, Alaska, $1,200,000. Various Locations, Alaska, $43,600,000. MILITARY AIRLIFT COMMAND

Altus Air Force Base, Oklahoma, $3,160,000.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/197

 PUBLIC LAW 97-321—OCT. 15, 1982 Andrews Air Force Base, Maryland, $13,200,000. Charleston Air Force Base, South Carolina, $1,550,000. Dover Air Force Base, Delaware, $2,500,000. Kirtland Air Force Base, New Mexico, $3,570,000. Little Rock Air Force Base, Arkansas, $3,000,000. McChord Air Force Base, Washington, $3,700,000. McGuire Air Force Base, New Jersey, $16,000,000. Norton Air Force Base, California, $1,300,000. Pope Air Force Base, North Carolina, $4,400,000. Scott Air Force Base, Illinois, $4,850,000. Travis Air Force Base, California, $2,400,000. NATIONAL MILITARY COMMAND CENTER

Pentagon Building, Virginia, $3,300,000. NORTH AMERICAN AEROSPACE DEFENSE COMMAND

NORAD Cheyene Mountain Complex, Colorado, $1,900,000. STRATEGIC AIR COMMAND

Beale Air Force Base, California, $2,595,000. Blytheville Air Force Base, Arkansas, $8,733,000. Carswell Air Force Base, Texas, $54,500,000. Dyess Air Force Base, Texas, $1,650,000. Ellsworth Air Force Base, South Dakota, $1,350,000. Francis E. Warren Air Force Base, Wyoming, $4,150,000. Fairchild Air Force Base, Washington, $3,740,000. Griffiss Air Force Base, New York, $56,450,000. Grissom Air Force Base, Indiana, $3,400,000. K. I. Sawyer Air Force Base, Michigan, $4,450,000. Loring Air Force Base, Maine, $38,420,000. Malmstrom Air Force Base, Montana, $55,000,000. March Air Force Base, California, $1,550,000. McConnell Air Force Base, Kansas, $3,000,000. Offutt Air Force Base, Nebraska, $13,255,000. Peterson Air Force Base, Colorado, $67,700,000. Powell, Wyoming, $1,250,000. Vandenberg Air Force Base, California, $79,759,000. Various Locations, Continental United States, $1,900,000. Whiteman Air Force Base, Missouri, $7,800,000. Wurtsmith Air Force Base, Michigan, $1,800,000. TACTICAL AIR COMMAND

Bergstrom Air Force Base, Texas, $5,450,000. Cannon Air Force Base, New Mexico, $1,800,000. Davis-Monthan Air Force Base, Arizona, $11,950,000. George Air Force Base, California, $1,400,000. Gila Bend Air Force Auxiliary Field, Arizona, $1,700,000. Holloman Air Force Base, New Mexico, $2,800,000. Homestead Air Force Base, Florida, $1,500,000. Langley Air Force Base, Virginia, $15,550,000. MacDill Air Force Base, Florida, $20,700,000. Moody Air Force Base, Georgia, $6,550,000. Mountain Home Air Force Base, Idaho, $1,700,000.

96 STAT. 1559

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/198

 96 STAT. 1560

PUBLIC LAW 97-321—OCT. 15, 1982 Nellis Air Force Base, Nevada, $19,900,000. Se3nnour-Johnson Air Force Base, North Carolina, $3,620,000. Shaw Air Force Base, South Carolina, $1,150,000. Tyndall Air Force Base, Florida, $11,540,000. Various Locations, Maine, $1,200,000. UNITED STATES AIR FORCE ACADEMY

United States Air Force Academy, Colorado, $3,000,000. MX CONSTRUCTION

Various Locations, Continental United States, $40,000,000. AIR NATIONAL GUARD

Buckley Air National Guard Base, Colorado, $1,100,000. Otis Air National Guard Base, Massachusetts, $3,440,000. AIR FORCE RESERVE

Westover Air Force Reserve Base, Massachusetts, $2,700,000. OUTSIDE THE UNITED STATES MILITARY AIRUFT COMMAND

Rhein-Main Air Base, Germany, $7,270,000. PACIFIC AIR FORCES

Camp Long, Korea, $1,750,000. Clark Air Base, Republic of the Philippines, $14,380,000. Diego Garcia Air Base, Indian Ocean, $4,550,000. Kadena Air Base, Japan, $15,950,000. Kunsan Air Base, Korea, $36,490,000. Kwang-Ju Air Base, Korea, $2,450,000. Misawa Air Base, Japan, $6,600,000. Osan Air Base, Korea, $44,000,000. San Miguel, Republic of the Philippines, $1,750,000. Yaedake Radio Relay Station, Japan, $1,300,000. STRATEGIC AIR COMMAND

Andersen Air Force Base, Guam, $2,440,000. TACTICAL AIR COMMAND

Keflavik Naval Station, Iceland, $3,600,000. Various Locations, Worldwide, $21,000,000. UNITED STATES AIR FORCES IN EUROPE

Egypt, Various Locations, $121,700,000. Germany, Various Locations, $12,038,000. Aviano Air Base, Italy, $7,200,000. Oman, Various Locations, $60,350,000. Incirlik Air Base, Turkey, $7,290,000.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/199

 PUBLIC LAW 97-321—OCT. 15, 1982

96 STAT. 1561

Torrejon Air Base, Spain, $4,000,000. Various Locations, United Kingdom, $55,910,000. Various Locations, $116,630,000. CONTRACTING FOR CERTAIN PROJECTS

SEC. 302. (a) The following projects authorized in section 301 may be carried out only as provided in subsection (b): Management Facility in the amount of $11,000,000 at Eglin Air Force Base, Florida. Barracks in the amount of $10,800,000 at Chanute Air Force Base, Illinois. Barracks in the amount of $8,000,000 at Vance Air Force Base, Oklahoma. Maintenance Facilities in the amount of $500,000 at Vance Air Force Base, Oklahoma. Operations Facilities in the amount of $900,000 at Vance Air Force Base, Oklahoma. Barracks in the amount of $2,100,000 at Altus Air Force Base, Oklahoma. Barracks in the amount of $3,600,000 at Blytheville Air Force Base, Arkansas. Maintenance Shop in the amount of $1,533,000 at Blytheville Air Force Base, Arkansas. Maintenance Shop in the amount of $7,400,000 at Griffis Air Force Base, New York. Barracks in the amount of $3,400,000 at Grissom Air Force Base, Indiana. Barracks in the amount of $5,100,000 at Malstrom Air Force Base, Montana. Barracks in the amount of $7,800,000 at Whiteman Air Force Base, Missouri. Barracks in the amount of $4,000,000 at Moody Air Force Petroleum Facility in the amount of $5,240,000 at Tyndall Air Force Base, Florida. (b) A contract for a project listed in subsection (a) may be entered into only if the funds to be obligated for the contract are derived from the total amount of funds (if any) available from (1) the net savings from the execution of the projects authorized by section 301 other than those listed in subsection (a), (2) total savings from cancellations of such projects, and (3) other sources, including savings from projects authorized for the Air Force in previous military construction authorization Acts. (c) Before the Secretary of the Air Force may advertise for bids, or Report to may negotiate, for a contract described in subsection (b), the Secre- confmlttees^^ tary shall submit a written report to the appropriate committees of ^™ ^ '° ™ Congress certifying that funds for the contract are available in accordance with subsection (b) and identifying the source of the funds. Such a report may not be submitted before June 1, 1983, or after June 30, 1983. MINOR CONSTRUCTION

SEC. 303. The Secretary of the Air Force may carry out minor construction projects under the authority of section 2805 of title 10, United States Code, and construction projects in amounts of Ante, p. 155.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/200

 96 STAT. 1562

PUBLIC LAW 97-321—OCT. 15, 1982

$1,000,000 or less under the authority of this section, in the total amount of $98,421,000. FAMILY HOUSING

SEC. 304. The Secretary of the Air Force may construct family housing (including land acquisition) and acquire manufactured home facilities at the following installations in the number of units shown, and in the amount shown, for each installation: Fort MacArthur, California, two hundred units, $18,000,000. Powell, Wyoming, fifty units, $3,465,000. Incirlik Air Base, Turkey, two hundred units, $18,000,000. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS

Ante, p. 159.

SEC. 305. (a) Subject to section 2825 of title 10, United States Code, the Secretary of the Air Force may make expenditures to improve existing military family housing units in an amount not to exceed $76,500,000, of which $17,000,000 is available only for energy conservation projects. (b) Within the amount specified in subsection (a), the Secretary of the Air Force may, notwithstanding the maximum amount per unit prescribed in section 28250?) of title 10, United States Code, carry out projects to improve existing military family housing units at the following installations in the number of units shown, and in the amount shown, for each installation: Loring Air Force Base, Maine, four hundred units, $13,080,000. F. E. Warren Air Force Base, Wyoming, one hundred and sixty-two units, $5,783,300. Kirtland Air Force Base, New Mexico, one hundred and twenty-five units, $4,123,700. Holloman Air Force Base, New Mexico, one hundred and forty-two units, $4,253,600. Ramstein Air Base, Germany, one hundred and twenty units, $7,630,000. RAF Lakenheath, United Kingdom, thirty-six units, $1,569,700. RAF Upper Heyford, United Kingdom, eighteen units, $934,900. DEFICIENCY AUTHORIZATION FOR PRIOR YEAR PROJECT

90 Stat. 1355.

SEC. 306. (a) Section 301 of the Military Construction Authorization Act, 1977 (Public Law 94-431), is amended by striking out "$519,010,000" in the item relating to the Arnold Engineering Development Center, Tennessee, and inserting in lieu thereof "$561,010,000". (b) Section 602(3) of such Act is amended by striking out "$759,759,000" and "$816,409,000" and inserting in lieu thereof "$801,759,000" and "$858,409,000", respectively. CONVERSION OF FACILITY AT WRIGHT-PATTERSON AIR FORCE BASE, OHIO

SEC, 307. The Secretary of the Air Force may carry out a project to convert, rehabilitate, or alter an existing facility located at WrightPatterson Air Force Base, Ohio, for use by personnel engaged in logistics system support and management of the foreign military

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/201

 PUBLIC LAW 97-321—OCT. 15, 1982

96 STAT. 1563

sales program of the Air Force. In cariTing out such project the Secretary may use not more than $395,000 derived from amounts received for administrative services under the foreign military sales program. TITLE IV—DEFENSE AGENCIES AUTHORIZED CONSTRUCTION PROJECTS AND LAND ACQUISITION FOR THB DEFENSE AGENCIES

SEC. 401. The Secretary of Defense may acquire real property and may carry out military construction proiects in the amounts shown for each of the following installations and locations: INSIDE THE UNITED STATES DEFENSE MAPPING AGENCY

Aerospace Center, St. Louis, Missouri, $24,141,000. NATIONAL SECURrrV AGENCY

Fort George G. Meade, Maryland, $75,500,000. OFnCE OP THE SECRETARY OF DEFENSE

Classified Activity, Fort Belvoir, Vii^nia, $2,100,000. Defense Foreign Language Institute, Monterey, California, $31,000,000. OUTSIDE THE UNITED STATES DEFENSE LOGISTICS AGENCY

Defense Fuel Support Point, Guam, $43,900,000. Defense Personnel Support Center, Kaiserslautem, Germany, $5,100,000. Various Locations, Korea, $29,000,000. NATIONAL SECURITY AGENCY

Classified Locations, $8,557,000. DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS

Bamberg, Germany, $3,470,000. Kaiserslautem Air Base, Germany, $7,967,000. Karlsruhe, Germany, $7,380,000. Mainz, Germany, $2,830,000. Nuernberg^, Germany, $2,820,000. rermany,'' Ramstein Air Base, Germany, $1,460,000. Wuerzburg, Germany, $3,920,000. Zweibruecken Air Base, Germany, $1,780,000. Yokota Air Base, Japan, $5,660,000. RAF Woodbridge, United Kingdom, $1,200,000. OFFICE OP THE SECRETARY OP DEFENSE

Classified Locations, $13,000,000.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/202

 96 STAT. 1564

PUBLIC LAW 9 7 - 3 2 1 - O C T. 15, 1982 MINOR CONSTRUCTION

Ante, p. 155.

SEC. 402. The Secretary of Defense may carry out minor construction projects under the authority of section 2805 of title 10, United States Code, and construction projects in amounts of $1,000,000 or less under the authority of this section, in the total amount of $13,460,000. FAMILY HOUSING

SEC. 403. The Secretary of Defense may construct four family housing units for the National Security Agency at classified locations overseas in the total amount of $560,000. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS

Ante, p. 159.

SEC. 404. Subject to section 2825 of title 10, United States Code, the Secretary of Defense may make expenditures to improve existing military family housing units in an amount not to exceed $33,000. TITLE V—NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE AUTHORITY OF THE SECRETARY OF DEFENSE TO MAKE CONTRIBUTIONS

Ante, p. 156.

SEC. 501. The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Infrastructure program as provided in section 2806 of title 10, United States Code, in the amount appropriated pursuant to the authorization of appropriations in section 604(6). TITLE VI—AUTHORIZATION OF APPROPRIATIONS AND RECURRING ADMINISTRATIVE PROVISIONS AUTHORIZATION OF APPROPRIATIONS, ARMY

Ante, p. 160.

SEC. 601. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1982, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $1,924,544,000 as follows: (1) For projects authorized by section 101 that are to be carried out inside the United States, $498,428,000. (2) For projects authorized by section 101 that are to be carried out outside the United States, $336,299,000. (3) For minor construction projects under section 2805 of title 10, United States Code, and section 103 of this Act, $49,209,000. (4) For military family housing functions— (A) for construction and acquisition of military family housing, including minor construction, improvements to existing military family housing units, relocation of military family housing units under section 2827 of title 10, United States Code, and architectural and engineering services and construction design, $132,930,000; (B) for support of military family housing (including operating expenses, leasing expenses, maintenance of real property expenses, payments of principal and interest on

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/203

 PUBLIC LAW 97-321—OCT. 15, 1982

96 STAT. 1565

mortgage debts incurred, payments of mortgage insurance premiums authorized under section 222 of the National Housing Act (12 U.S.C. 1715m)), $905,678,000, of which not more than $1,763,000 may be obligated or expended for the leasing of military family housing units in the United States, the Commonwealth of Puerto Rico, and Guam, and not more than $77,707,000 may be obligated or expended for the leasing of military family housing units in foreign countries; and (C) for homeowners assistance under the authority of the Secretary of Defense described in section 2832 of title 10, Ante, p. 163. United States Code, including acquisition of properties, $2,000,000. AUTHORIZATION OF APPROPRIATIONS, NAVY

SEC. 602. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1982, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $1,811,325,000 as follows: (1) For projects authorized by section 201 that are to be carried out inside the United States, $824,204,000. (2) For projects authorized by section 201 that are to be carried out outside the United States, $176,902,000. (3) For minor construction projects under section 2805 of title 10, United States Code, and section 203 of this Act, $55,877,000. Ante, p. 155. (4) For military family housing functions— (A) for construction and acquisition of military family housing, including minor construction, improvements to existing military family housing units, relocation of military family housing units under section 2827 of title 10, United States Code, and architectural and engineering serv- Ante, p. 160. ices and construction design, $94,903,000; and (B) for support of military family housing (including operating expenses, leasing expenses, maintenance of real property expenses, payments of principal and interest on mortgage debts incurred, pa3anents of mortgage insurance premiums authorized under section 222 of the National Housing Act (12 U.S.C. 1715m)), $659,439,000, of which not more than $1,492,000 may be obligated or expended for the leasing of military family housing units in the United States, the Commonwealth of Puerto Rico, and Guam, and not more than $19,988,000 may be obligated or expended for the leasing of military family housing units in foreign countries. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE

SEC. 603. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1982, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $2,397,132,000 as follows: (1) For projects authorized by section 301 that are to be carried out inside the United States, $879,564,000.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/204

 96 STAT. 1566

PUBLIC LAW 97-321—OCT. 15, 1982 (2) For projects authorized by section 301 that are to be carried out outside the United States, $502,013,000. (3) For minor construction projects under section 2805 of title iQ, United States Code, and section 303 of this Act, $90,055,000. (4) For military family housing functions— (A) for construction and acquisition of military family housing, including minor construction, improvements to existing military family housing units, relocation of military family housing units under section 2827 of title 10, United States Code, and architectural and engineering services and construction design, $115,965,000; and (B) for support of military family housing (including operating expenses, leasing expenses, maintenance of real property expenses, payments of principal and interest on mortgage debts incurred, payments of mortgage insurance premiums authorized under section 222 of the National Housing Act (12 U.S.C. 1715m)), $809,535,000, of which not more than $2,300,000 may be obligated or expended for the leasing of military family housing units in the United States, the Commonwealth of Puerto Rico, and Guam, and not more than $51,423,000 may be obligated or expended for the leasing of military family housing units in foreign countries.

Ante, p. 155.

Ante, p. 160.

AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES

SEC. 604. Funds are hereby authorized to be appropriated for fiscal ^ears beginning after September 30, 1982, for military construction, and acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $282,714,000 as follows: (1) For projects authorized by section 401 that are to be carried out inside the United States, $121,458,000. (2) For projects authorized by section 401 that are to be carried out outside the United States, $126,310,000. (3) For minor construction projects under section 2805 of title 10, United States Code, and under section 402 of this Act, $12,316,000. (4) For military family housing functions— (A) for construction and acquisition of military family housing, including minor construction, improvements to existing military family housing units, relocation of military family housing units under section 2827 of title 10, United States Code, and architectural and engineering services and construction design, $593,000; and (B) for support of military family housing (including operating expenses, leasing expenses, maintenance of real property expenses, payments of principal and interest on mortgage debts incurred, payments of mortgage insurance premiums authorized under section 222 of the National Housing Act (12 U.S.C. 1715m)), $17,279,000, of which not more than $14,366,000 may be obligated or expended for the leasing of military family housing units in foreign countries. (5) For construction projects under the contingency construction authority of the Secretary of Defense under section 2804 of title 10, United States Code, $4,758,000.

{

Ante, p. 155.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/205

 PUBLIC LAW 97-321—OCT. 15, 1982

96 STAT. 1567

(6) For contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the United States Ante, p. 156. share of the cost of construction projects for the North Atlantic Treaty Organization Infrastructure program, $375,000,000. TITLE TOTAL LIMITATION ON COST VARIATIONS

SEC. 605. Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost vari- Ante, p. 164. ation authorized by law, the total cost of all projects carried out under each of titles I, II, III, and IV of this Act may not exceed the total amount authorized under sections 601, 602, 603, and 604, respectively, to be appropriated for the military department concerned or the Secretary of Defense, as the case may be. EXPIRATION OF AUTHORIZATIONS; EXTENSION OF CERTAIN PREVIOUS AUTHORIZATIONS

SEC. 606. (a)(1) Except as provided in paragraph (2), all authorizations contained in titles I, II, III, and IV for military construction projects, land acquisition projects, and family housing projects, and all authorizations of appropriations for such projects contained in sections 601 through 604, expire on October 1, 1984, or the date of the enactment of the Military Construction Authorization Act for fiscal year 1985, whichever is later. (2) The provisions of paragraph (1) do not apply to authorizations for military construction and land acquisition projects, and authorizations of appropriations for such projects, for which appropriated funds have been obligated before October 1, 1984, or the date of the enactment of the Military Construction Authorization Act for fiscal year 1985, whichever is later, for construction contracts or land acquisition. (b) As of October 1, 1983, or the date of the enactment of the Military Construction Authorization Act for fiscal year 1984, whichever is later, all authorizations for military construction projects, including family housing, to be accomplished by the Secretary of a military department in connection with the establishment or development of installations and facilities, and all authorizations for appropriations for such projects, that are contained in titles I, II, III, IV, V, and VI of the Military Construction Authorization Act, 1982 (Public Law 97-99; 95 Stat. 1359), and all such authorizations contained in Acts approved before December 23, 1981, and not superseded or otherwise modified by a later authorization, are repealed except— (1) authorizations for military construction projects (and for appropriations for such projects) that are set forth in those Acts in the titles that contain the general provisions; and (2) authorizations for military construction projects as to which appropriated funds have been obligated for construction contracts, land acquisition, or payments to the North Atlantic Treaty Organization, in whole or in part, before October 1, 1983, or the date of the enactment of the Military Construction Authorization Act for fiscal year 1984, whichever is later (and authorizations for appropriations for such projects or payments). (c) Notwithstanding the provisions of subsection (b) and section 705 of the Military Construction Authorization Act, 1982 (Public

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/206

 96 STAT. 1568

i i

PUBLIC LAW 97-321—OCT. 15, 1982

Law 97-99; 95 Stat. 1377), authorizations for the following projects authorized in section 101 or 103 of the Military Construction Authorization Act, 1981 (Public Law 96-418; 94 Stat. 1749), shall remain in effect until October 1, 1983, or the date of enactment of the Military Construction Authorization Act for fiscal year 1984, whichever is later: (1) Temperature Control/Heat Recovery Construction in the amount of $2,300,000 at Baumholder, Germany. (2) Temperature Control/Heat Recovery Construction in the amount of $2,270,000 at Hanau, Germany. (3) Temperature Control/Heat Recovery Construction in the amount of $2,500,000 at Giessen, Germany. (4) Energy Monitor and Control System in the amount of $840,000 at Karlsruhe, Germany. (5) Troop Medical Clinic in the amount of $4,700,000 at Fort Ord, California. (6) Electromagnetic Test Facility in the amount of $4,650,000 at Fort Huachuca, Arizona. (7) Minor Construction Projects in the amount of $2,800,000 at specified locations. (d) Notwithstanding the provisions of subsection (b) and section 705 of the Military Construction Authorization Act, 1982 (Public Law 97-99; 95 Stat. 1377), authorizations for the following projects authorized in section 201 of the Military Construction Authorization Act, 1981 (Public Law 96-418; 94 Stat. 1752), shall remain in effect until October 1, 1983, or the date of enactment of the Military Construction Authorization Act for fiscal year 1984, whichever is later: (1) Nautilus Memorial in the amount of $1,930,000 at the Naval Submarine Base, New London, Connecticut. (2) Unaccompanied Enlisted Personnel Housing Modernization in the amount of $4,700,000 at the Fleet Combat Training Center, Atlantic, Dam Neck, Virginia. (3) Land Acquisition in the amount of $330,000 at the Naval Air Station, Fallon, Nevada. (4) Dual Purpose Passenger Terminal in the amount of $20,000,000 at the Naval Station, Keflavik, Iceland. (5) Facility Energy Improvements in the amount of $1,450,000 at the Naval Air Rework Facility, Alameda, California. (e) Notwithstanding the provisions of subsection (b) and section 705 of the Military Construction Authorization Act, 1982 (Public Law 97-99; 95 Stat. 1377), authorizations for the following projects authorized in section 201 of the Military Construction Authorization Act, 1979 (Public Law 95-356; 92 Stat. 567), and extended in section 605(c) of the Military Construction Authorization Act, 1981 (Public Law 96-418; 94 Stat. 1772), shall remain in effect until October 1, 1983, or the date of enactment of the Military Construction Authorization Act for fiscal year 1984, whichever is later: (1) Energy Monitoring and Control System in the amount of $765,000 at the Naval Air Station, Jacksonville, Florida. (2) Municipal Sewer Connection Construction in the amount of $2,500,000 at the Naval Education and Training Center, Newport, Rhode Island. (f) Notwithstanding the provisions of subsection (b) and section 705 of the Military Construction Authorization Act, 1982 (Public Law 97-99; 95 Stat. 1377), authorizations for the following projects authorized in section 301 of the Military Construction Authorization

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/207

 PUBLIC LAW 97-321—OCT. 15, 1982

96 STAT. 1569

Act, 1981 (Public Law 96-418; 94 Stat. 1756), shall remain in effect until October 1, 1983, or the date of the enactment of the Military Construction Authorization Act for fiscal year 1984, whichever is later: (1) Various Rapid Deployment Force Facilities, in the amount of $20,000,000 at Lajes Air Base, Portugal. (2) Energy Showcase Initiatives in the amount of $1,600,000 at McClellan Air Force Base, California. (3) Space Transportation System Solid Rocket Disassembly Complex in the amount of $16,700,000 at Port Hueneme Naval Installation, California. DEFICIENCY AUTHORIZATION FOR PRIOR YEAR PROJECT

SEC. 607. (a) Section 201 of the Military Construction Authorization Act, 1982 (Public Law 97-99; 95 Stat. 1365), is amended by striking out the following item under the headings "OUTSIDE THE UNITED STATES" and "CHIEF OF NAVAL OPERATIONS":

"Defense Installations, Mariana Islands, $32,000,000.". (b) Section 401 of such Act (95 Stat. 1370) is amended by inserting below "Classified Activity, Classified Location, $2,000,000.", under the headings "OUTSIDE THE UNITED STATES" and SECRETARY OF DEFENSE", the following new item:

"OFFICE OF THE

"Defense Installations, Mariana Islands, $35,000,000.". (c) Section 702 of such Act (95 Stat. 1375) is amended— (1) by striking out "$236,445,000" and "$1,240,033,000" in clause (2) and inserting in lieu thereof "$204,445,000" and "$1,208,033,000", respectively; and (2) by striking out *'$282,815,000" in clause (4) and inserting in lieu thereof "$317,815,000". TITLE VII—GUARD AND RESERVE FORCES FACILITIES AUTHORIZATION FOR FACILITIES

SEC. 701. Subject to chapter 133 of title 10, United States Code, the lo use 2231 et Secretary of Defense may establish or develop additional facilities ^^9for the Guard and Reserve Forces, including the acquisition of land therefor, but the cost of such facilities shall not exceed the following amounts: (1) For the Department of the Army— (A) for the Army National Guard of the United States, $44,111,000; and (B) for the Army Reserve, $28,500,000. (2) For the Department of the Navy, for the Naval and Marine Corps Reserves, $21,900,000. (3) For the Department of the Air Force— (A) for the Air National Guard of the United States, $116,500,000; and (B) for the Air Force Reserve, $29,000,000. TITLE VIII—GENERAL PROVISIONS USE OF RENEWABLE FORMS OF ENERGY

SEC. 801. (a)(1) Chapter 141 of title 10, United States Code, is amended by adding after section 2394, as added by section 6(a)(1) of

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/208

 96 STAT. 1570

PUBLIC LAW 97-321—OCT. 15, 1982

the Military Construction Codification Act (Public Law 97-214; 96 Stat. 171), the following new section: 10 USC 2394a.

Solar energy uses, study.

Ante, p. 166. Report to congressional committees.

"§ 2394a. Procurement of energy systems powered by renewable forms of energy "(a) In procuring energy systems the Secretary of a military department shall procure systems that use solar energy or other renewable forms of energy whenever the Secretary determines that such procurement is possible and will be cost effective, reliable, and otherwise suited to supplying the energy needs of the military department under his jurisdiction. "(b)(1) The Secretary of Defense shall from time to time study uses for solar energy and other renewable forms of energy to determine what uses of such forms of energy may be cost effective and reliable in supplying the energy needs of the Department of Defense. The Secretary of Defense, based upon the results of such studies, shall from time to time issue policy guidelines to be followed by the Secretaries of the military departments in carrying out subsection (a) and section 2857 of this title. "(2) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives not less often than every two years a report on the studies conducted pursuant to paragraph (1). Each such report shall include any findings of the Secretary with respect to the use of solar energy and other renewable forms of energy in supplying the energy needs of the Department of Defense and any recommendations of the Secretary for changes in law that may be appropriate in light of such studies. "(c)(1) For the purposes of this section, an energy system using solar energy or other renewable forms of energy shall be considered to be cost effective if the difference between (A) the original investment cost of the energy system using such a form of energy, and (B) the original investment cost of the energy system not using such a form of energy can be recovered over the expected life of the system. "(2) A determination under paragraph (1) of whether a costdifferential can be recovered over the expected life of a system shall be made using accepted life-cycle costing procedures and shall include— "(A) the use of all capital expenses and all operating and maintenance expenses associated with the energy system using solar energy or other renewable forms of energy, and not using such a form of energy, over the expected life of the system or during a period of 25 years, whichever is shorter; "(B) the use of fossil fuel costs (and a rate of cost growth for fossil fuel costs) as determined by the Secretary of Defense; and "(C) the use of a discount rate of 7 percent per year for all expenses of the energy system. "(3) For the purpose of any life-cycle cost analysis under this subsection, the original investment cost of the energy system using solar energy or other renewable forms of energy shall be reduced by 10 percent to reflect an allowance for an investment cost credit.'. (2) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 2394, as added by section 6(a)(2) of the Military Construction Codification Act (Public Law 97-214; 96 Stat. 172), the following new item: "2394a. Procurement of energy systems using renewable forms of energy.'

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/209

 PUBLIC LAW 97-321—OCT. 15, 1982

96 STAT. 1571

(3) The first report under section 2394a(b)(2) of title 10, United lo use 2394a States Code, as added by paragraph (1), shall be submitted not later "° ® than two years after the date of the enactment of this Act. (b)(1) Section 2857 of title 10, United States Code, is amended— Ante, p. 166. (A) in subsection (a)— (i) by striking out "solar energy systems" and inserting in lieu thereof "energy systems using solar energy or other renewable forms of energy"; and (ii) by striking out "solar energy would" and inserting in lieu thereof "such form of energy would"; (B) in subsection (b)— (i) by striking out "solar energy systems" in paragraphs (1) and (2) and inserting in lieu thereof "energy systems using solar energy or other renewable forms of energy"; and (ii) by striking out "a solar energy has" in paragraph (1) and inserting in lieu thereof "such form of energy has"; (C) in subsection (c)(1)— (i) by striking out "a solar energy system" the first place it appears and inserting in lieu thereof "an energy system using solar energy or other renewable forms of energy"; and (ii) by striking out "a solar energy system" the second and third places it appears and inserting in lieu thereof "such a system"; (D) in subsection (c)(2)(A), by striking out "a solar energy system" and inserting in lieu thereof "an energy system using solar energy or other renewable forms of energy '; (E) in subsection (c)(3), by striking out "solar energy system" and inserting in lieu thereof "energy system using solar energy or other renewable forms of energy '; and (F) in subsection (d), by striking out "solar heating equipment, solar cooling equipment, or both solar heating and solar cooling equipment, or with a passive solar energy system" and inserting in lieu thereof "heating equipment, cooling equipment, or both heating and cooling equipment using solar energy or other renewable forms of energy or with a passive energy system using solar energy or other renewable forms of energy '. (2) The heading of such section is amended to read as follows: "§ 2857. Use of renewable forms of energy in new facilities". (3) The item relating to such section in the table of sections at the beginning of chapter 159 of such title is amended to read as follows: "2857. Use of renewable forms of energy in new facilities.". RESTRICTION ON CONSTRUCTION OF SPECIAL CONTINGENCY FACILITIES IN CERTAIN COUNTRIES

SEC. 802. (a) Subject to subsections (b) and (c), none of the funds appropriated pursuant to this Act for the construction of any contingency facility to support the national security interests of the United States in Egypt, Kenya, Oman, or Somalia, on the island of Diego Garcia, or at Lajes Field (Portugal) may be obligated or expended for the construction of such facility unless each contract entered into for the construction of such facility requires that all construction materials (other than cement, cement products, aggre-

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/210

 96 STAT. 1572

PUBLIC LAW 97-321—OCT. 15, 1982

gates, and concrete components other than steel) to be used in carrying out the contract will be materials produced, manufactured, or refined in the United States or the host nation. (b) The provisions of subsection (a) shall not apply (1) if the application of such provisions would violate a formal agreement between the United States and the country that exercises sovereignty over the land on which a facility referred to in such subsection is to be constructed, or (2) in the case of a contract for $5,000,000 or less. (c) The project manager of a facility referred to in subsection (a) may authorize, in the construction of such facility, a limited use of materials not produced, manufactured, or refined in the United States if the manager determines that the use of such materials is necessary for the orderly and timely construction of such facility. However, the total amount expended for materials not produced, manufactured, or refined in the United States under a contract for the construction of a facility referred to in subsection (a) may not exceed the applicable limit specified in the following table: If the contract amount is—

More than—

$5,000,000 25,000,000 50,000,000 100,000,000

But not more than—

The percent of the contract amount that may be used to procure materials not produced, manufactured, or refined in the United States may not exceed—

$25,000,000 50,000,000 100,000,000

5 3 2 1

AUTHORIZATION TO USE MONEYS RECEIVED FROM GRAZING AND AGRICULTURAL LEASES

SEC. 803. Section 2667(d) of title 10, United States Code, is amended— (1) by striking out "Money" and inserting in lieu thereof "(1) Except as provided in paragraph (2), money, and (2) by adding at the end thereof the following new paragraph: "(2) Money rentals received by the United States directly from a lease under this section for agricultural or grazing purposes of lands under the control of the Secretary of a military department (other than lands acquired by the United States for flood control or navigation purposes or any related purpose, including the development of hydroelectric power) may be retained and spent by the Secretary concerned in such amounts as the Secretary considers necessary to cover the administrative expenses of leasing for such purposes and to cover the financing of multiple-land use management programs at any installation under the jurisdiction of the Secretary.". OBLIGATIONS FOR COMMISSARY STORE FACILITY CONSTRUCTION

SEC. 804. Section 2685 of title 10, United States Code, is amended by adding at the end thereof the following new subsection:

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/211

 PUBLIC LAW 97-321—OCT. 15, 1982

96 STAT. 1573

"(c) The Secretary of a military department, with the approval of the Secretary of Defense and the Director of the Office of Management and Budget, may obligate anticipated proceeds from the adjustments or surcharges authorized by subsection (a) for any use specified in subsection (b), without regard to fiscal year limitations, if the Secretary of the military department determines that such obligation is necessary to carry out any use of such adjustments or surcharges specified in subsection Qi).", CLARIFICATION OF CONSTRUCTION AUTHORITY ON LAND HELD IN OTHER THAN A FEE SIMPLE INTEREST; TECHNICAL AMENDMENTS

SEC. 805. (a)(1) Section 2852(b) of title 10, United States Code, is amended to read as follows: "(b) Authority to carry out a military construction project or a military family housing project may be exercised on land not owned by the United States— "(1) before title to the land on which the project is to be carried out is approved under section 355 of the Revised Statutes (40 U.S.C. 255); and "(2) even though the land will be held in other than a fee simple interest in a case in which the Secretary of the military department concerned determines that the interest to be acquired in the land is sufficient for the purposes of the project.". (2) Section 2239(b) of such title is amended to read as follows: "(b) Authority provided by law to place permanent or temporary improvements on land under section 2233 of this title may be exercised on land not owned by the United States— "(1) before title to the land on which the improvement is located (or is to be located) is approved under section 355 of the Revised Statutes (40 U.S.C. 255); and "(2) even though the land will be held in other than a fee simple interest in a case in which the Secretary of the military department concerned determines that the interest to be acquired in the land is sufficient for the purposes of the project.". (b)(1) The heading of section 2806 of such title is amended to read as follows:

Ante, p. 164.

Ante, p. 169. lo use 2233.

Ante, p. 156.

"§2806. Contributions for North Atlantic Treaty Organization Infrastructure". (2) The second sentence of section 2828(e)(l) of such title is Ante, p. I6i. amended by inserting "the" after "may be waived by". (3) Section 2394 of such title is amended— Ante, p. 171. (A) by striking out "subsection (c)" in subsection (a) and inserting in lieu thereof "subsection (b)"; and (B) by redesignating subsection (d) as subsection (c). (4) The item relating to section 2689 in the table of sections at the beginning of chapter 159 of such title is amended to read as follows: "2689. Development of geothermal energy on military lands.". LAND C O N V E Y A N C E, BELL, CAUFORNIA

SEC. 806. (a) The Secretary of the Army (hereinafter in this section referred to as the "Secretary") is authorized to convey to the City of

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/212

 96 STAT. 1574

Buildings and improvements.

Payment.

Surveys.

Expiration of Secretary's authority.

PUBLIC LAW 97-321—OCT. 15, 1982

Bell, California (hereinafter in this section referred to as the "City"), all right, title, and interest of the United States in and to a parcel of land aggregating 7.2 acres, more or less, and more particularly described on a map entitled "Outgrant to California Army National Guard, Bell, California, drawing numbered 247-K-31.1", dated December 14, 1977, and on file in the Office of the District Engineer, United States Army Engineer District, Los Angeles, California, together with any improvements located on that parcel of land. (b)(1) In consideration for the conveyance authorized by subsection (a), the City, pursuant to an agreement to be entered into between the City and the Secretary, shall provide to the United States, to the extent of the fair market value (as determined by the Secretary) of the land conveyed by the Secretary under subsection (a), the buildings and other improvements described in paragraph (2), which buildings and improvements shall be the property of the United States. (2) The buildings and improvements to be provided to the United States are the following: (A) A National Guard armory. (B) An organizational maintenance shop. (C) Modernization of the Government-owned building located in the City designated in Department of the Army records as Building 332. (3) The design and construction of the National Guard armory and the organizational maintenance shop and the modernization of the building described in paragraph (2)(C) shall be in conformance with plans and specifications approved by the Secretary. (c) The City shall pay to the United States, as further consideration for the conveyance authorized by subsection (a), an amount equal to the amount by which the fair market value (as determined by the Secretary) of the property to be conveyed by the Secretary under subsection (a) exceeds the sum of the actual costs (as determined by the Secretary) of the buildings and improvements provided to the United States under subsection (b). (d) The exact acreage and legal descriptions of any property to be conveyed under this section shall be determined by surveys that are satisfactory to the Secretary. The cost of any such survey shall be borne by the City. (e) The Secretary may require such additional terms and conditions in carrying out this section as the Secretary considers appropriate to protect the interests of the United States. (f) The authority of the Secretary under this section expires at the end of the three-year period beginning on the date of the enactment of this Act. MODIFICATION OP REVERSIONARY INTEREST IN FORMER NAVY LAND AT SAN DIEGO, CALIFORNIA

SEC. 807. The Secretary of the Navy shall, subject to the same conditions as set forth in the first section of Public Law 87-662 (76 Stat. 546), execute such documents as may be necessary in order to provide that a parcel of not more than 30 acres of the property conveyed (subject to a reversionary interest) to the regents of the University of California pursuant to Public Law 87-662 (76 Stat. 546) may, in addition to the use for educational purposes authorized pursuant to section 3 of such Public Law, be used for industrial scientific or technological research purposes, subject to the condition

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/213

 PUBLIC LAW 97-321—OCT. 15, 1982

96 STAT. 1575

that if at any time the Secretary of the Navy determines that such parcel is not held for such purposes title to such parcel shall immediately revert to the United States. In the event of any such reversion, title to all improvements made on such parcel during the occupancy of such parcel shall vest in the United States without compensation for such improvements. LAND CONVEYANCES, EGLIN AIR FORCE BASE, FLORIDA

SEC. 808. (a) Notwithstanding the restoration provisions of the Second Deficiency Appropriation Act, 1940 (54 Stat. 628, 655), the Secretary of the Air Force (hereinafter in this section referred to as the "Secretary") may take appropriate action to quiet title to tracts of land at or adjoining Eglin Air Force Base, Florida, in order to resolve encroachments, resulting from a reliance on inaccurate surveys, by the United States onto private property at or adjacent to such base and by private parties onto property owned by the United States. (b) In carrying out subsection (a), the Secretary (1) may disclaim on behalf of the United States any intent by the United States to acquire by prescription any property at or in the vicinity of Eglin Air Force Base, (2) may dispose of tracts of land owned by the United States, and (3) may acquire tracts of land by purchase, by donation, or by exchange for tracts of land owned by the United States at or adjacent to Eglin Air Force Base. (c) Any conveyance by the Secretary under this section may be made, at the discretion of the Secretary, without consideration or by exchange for tracts of land adjoining Eglin Air Force Base in possession of private parties who mistakenly believed that they had acquired title to such tracts. LAND CONVEYANCE, CLARKE COUNTY, GEORGIA

SEC. 809. (a) The Secretary of the Army (hereinafter in this section referred to as the "Secretary") is authorized to convey to the Clarke County, Georgia, Board of Education all right, title, and interest of the United States in and to a tract of land consisting of approximately 3.88 acres and located in the City of Athens, Georgia, together with any improvements located on the tract of land. (b) In consideration for the conveyance authorized by subsection (a), the Clarke County, Georgia, Board of Education shall convey to the United States all right, title, and interest of the board in and to a tract of land consisting of approximately 12.5 acres and delineated as the site of the Lyons School on a plat entitled "Plat of land deeded to the Clarke County Board of Education by Clarke County, Ga.", dated December 21, 1953, and annexed to the deed from the Commissioner of roads and revenues of Clarke County, Georgia, to the Clarke County Board of Education, dated January 9, 1954, and recorded in deed book 139, page 368, in the Office of the Clerk of the Superior Court of Clarke County, Georgia, together with any improvements located on the tract of land. (c)(1) If the fair market value (as determined by the Secretary) of Fair market the property to be conveyed by the United States to the Clarke ^^^"^ County, Georgia, Board of Education under subsection (a) exceeds the fair market value (as determined by the Secretary) of the property to be conveyed by the board to the United States under

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/214

 96 STAT. 1576

Payment authority. Surveys.

PUBLIC LAW 97-321—OCT. 15, 1982

subsection (b), the board shall pay to the United States the amount of the difference. (2) If the fair market value (as determined by the Secretary) of the property to be conveyed by the Clarke County, Georgia, Board of Education to the United States under subsection (b), exceeds the fair market value (as determined by the Secretary) of the property to be conveyed by the United States to the board under subsection (a), the United States shall pay to the board the amount of the difference, but not more than $300,000. (3) The authority to make a payment under paragraph (2) shall take effect on October 1, 1982, and is subject to the availability of appropriations for that purpose. (d)(1) The exact acreages and legal descriptions of any property acquired or conveyed under this section shall be determined by surveys that are satisfactory to the Secretary. The cost of any such survey shall be borne by the Board of Education of Clarke County, Georgia. (2) The Secretary may require such additional terms and conditions with respect to the acquisition and conveyance authorized by this section as the Secretary considers appropriate to protect the interests of the United States, LAND CONVEYANCE, HOUSTON COUNTY, GEORGIA

Payment.

Surveys.

SEC. 810. (a) The Secretary of the Air Force (hereinafter in this section referred to as the "Secretary") is authorized to convey to the City of Warner Robins, Georgia, and the Board of Commissioners of Houston County, Georgia, all right, title, and interest of the United States in and to a portion (as determined by the Secretary) of tracts of land consisting of a total of approximately 70 acres, together with any improvements located on the land. (b) In consideration for the conveyance authorized by subsection (a), the City of Warner Robins, Georgia, and the Board of Commissioners of Houston County, Georgia, shall convey to the United States all right, title, and interest of the City and the board in and to four tracts of land consisting of a total of approximately 400 acres and located contiguous to Robins Air Force Base, Georgia, together with any improvements located on the tracts of land. (c) The City of Warner Robins, Georgia, and the Board of Commissioners of Houston County, Georgia, shall pay to the United States an amount equal to the amount by which the fair market value (as determined by the Secretary) of the property to be conveyed by the United States to the City and the board under subsection (a) exceeds the fair market value (as determined by the Secretary) of the property to be conveyed by the City and the board to the United States under subsection (b). (d)(1) The exact acreages and legal descriptions of any property acquired or conveyed under this section shall be determined by surveys that are satisfactory to the Secretary. The cost of any such survey shall be borne by the City of Warner Robins, Georgia, and the Board of Commissioners of Houston County, Georgia. (2) The Secretary may require such additional terms and conditions with respect to the acquisition and conveyance authorized by this section as the Secretary considers appropriate to protect the interests of the United States.

�