Military Construction Act for Fiscal Years 1992 and 1993

Military Construction Act for Fiscal Years 1992 and 1993 - Title XXI: Army - Part A: Fiscal Year 1992 - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes the Secretary to enter into long-term contracts for the construction, management, and operation of facilities pursuant to authorized architectural and engineering services and construction design in specified amounts at specified installations and locations.

Authorizes the Secretary to enter into rental guaranty agreements for military family housing under the Military Housing Rental Guaranty Program of the Military Construction Authorization Act, 1984, at specified locations.

Authorizes appropriations to the Army for fiscal years beginning after 1991 for military construction projects, unspecified minor construction projects, architectural and engineering design services, defense access roads, military family housing functions within the Department, and the homeowners assistance program. Limits the total cost of construction projects authorized by this title. Amends the Military Construction Authorization Act for Fiscal Year 1991 to increase the amount authorized for a military construction project at Fort Riley, Kansas. Extends certain FY 1989 and 1990 military construction projects.

Authorizes the Secretary of the Army to make a direct grant to the Fairbanks North Star Borough School District in Fairbanks, Alaska, for the construction of a public elementary school facility sufficient to accommodate dependents of DOD personnel assigned to Fort Wainwright, Alaska. Limits the maximum authorized grant and provides fund sources.

Earmarks specified funds authorized to be appropriated under this title for the Secretary of the Army to study the need for and feasibility of developing a joint armed forces and civilian airport at Manhattan, Kansas, in order to accelerate the future deployment of the 1st Infantry Division, Mechanized.

Part B: Fiscal Year 1993 - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural and engineering services and construction design and to improve existing military family housing units in specified amounts.

Authorizes appropriations to the Army for fiscal years beginning after 1992 for military construction, land acquisition, military family housing functions of the Department, and the homeowners assistance program. Limits the total cost of construction projects authorized by this title.

Title XXII: Navy - Part A: Fiscal Year 1992 - Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes the Secretary to enter into long-term contracts for the construction, management, and operation of facilities pursuant to authorized architectural and engineering services and construction design in specified amounts at specified installations. Authorizes the Secretary to enter into contracts for the leasing of military family housing units in specified amounts at specified locations.

Authorizes the Secretary to enter into rental guaranty agreements for military family housing under the Military Housing Rental Guaranty Program of the Military Construction Authorization Act, 1984, at specified locations.

Authorizes appropriations to the Navy for fiscal years beginning after 1991 for military construction projects, unspecified minor construction projects, architectural and engineering design services, defense access roads, and military family housing functions of the Department. Limits the total cost of construction projects authorized by this title.

Amends the Military Construction Authorization Act for Fiscal Year 1991 to reduce the amount authorized to be appropriated for a military construction project at the Silverdale Strategic Weapons Facility, Pacific.

Specifies the type of military construction authorized for the Marine Corps Reserve Support Activity, Kansas City, Missouri, under the Military Construction Authorization Act for Fiscal Years 1990 and 1991.

Part B: Fiscal Year 1993 - Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural and engineering services and construction design and to improve existing military family housing units in specified amounts.

Authorizes appropriations to the Navy for fiscal years beginning after 1992 for military construction, land acquisition, and military family housing functions of the Department. Limits the total cost of construction projects authorized by this title.

Title XXIII: Air Force - Part A: Fiscal Year 1992 - Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes the Secretary to: (1) enter into contracts for the leasing of military family housing units; and (2) enter into rental guaranty agreements for military family housing under the Military Construction Authorization Act, 1984.

Authorizes appropriations to the Air Force for fiscal years beginning after 1991 for military construction projects, unspecified minor construction projects, architectural and engineering design services, and defense access roads. Limits the total cost of construction projects authorized by this title. Extends certain FY 1989 and 1990 military construction projects.

Amends the Military Construction Authorization Act for Fiscal Year 1991 to terminate the authority to carry out certain military construction projects in Alaska.

Prohibits the Secretary from entering into a contract for the construction of any facility related to the permanent basing of B-2 aircraft until 180 days after the Secretary has supplied the Congress with specified information concerning the basing of such aircraft. Requires the Comptroller General to report to the Congress on certain cost comparisons with respect to such aircraft.

Part B: Fiscal Year 1993 - Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts.

Authorizes appropriations to the Air Force for fiscal years beginning after 1992 for military construction, land acquisition, and military family housing functions of the Department. Limits the total cost of construction projects authorized by this title.

Title XXIV: Defense Agencies - Part A: Fiscal Year 1992 - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Transfers the authorization of appropriations to the Army for the Red River Army Depot, Texas, under the National Defense Authorization Act for Fiscal Years 1990 and 1991 to the Secretary of Defense for certain activities in support of the supply distribution mission at such Depot. Authorizes the Secretary to acquire one military family housing unit and to improve existing military family housing units in specified amounts.

Authorizes appropriations to DOD for fiscal years beginning after 1991 for military construction projects, unspecified minor construction projects, architectural and engineering design services, certain base closure and realignment activities, an energy conservation program, conforming storage facilities, and military family housing functions of DOD. Authorizes prior-year unobligated funds to be made available for military construction projects authorized in this title. Limits the total cost of construction projects authorized by this title.

Authorizes the Secretary, in advance of appropriations, to contract for the design and construction of a military construction project at Fort Belvoir, Virginia.

Authorizes the Secretary to acquire real property and carry out military construction projects for certain Special Operations Command centers in North Carolina and other classified locations.

Earmarks specified funds appropriated under this Act for the construction of a headquarters facility for a special operations battalion at Fort Bragg, North Carolina.

Part B: Fiscal Year 1993 - Authorizes the Secretary to acquire real property and carry out a military construction project at a specified installation in a specified amount.

Authorizes appropriations to DOD for fiscal years beginning after 1992 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title.

Title XXV: North Atlantic Treaty Organization Infrastructure - Part A: Fiscal Year 1992 - Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program. Authorizes appropriations to the Secretary for fiscal years beginning after 1991 for such contributions.

Part B: Fiscal Year 1993 - Authorizes the Secretary to make contributions for the NATO Infrastructure Program. Authorizes appropriations to the Secretary for fiscal years beginning after 1992 for such contributions. Authorizes the use of excess NATO Infrastructure funds for military construction projects authorized by this or any other Act.

Title XXVI: Guard and Reserve Forces Facilities - Part A: Fiscal Year 1992 - Authorizes appropriations for fiscal years beginning after 1991 for acquisition, architectural and engineering services, and construction of facilities for the Guard and reserve forces in specified amounts.

Part B: Fiscal Year 1993 - Authorizes appropriations for fiscal years beginning after 1992 for acquisition, architectural and engineering services, and construction of facilities for the Guard and reserve forces in specified amounts.

Title XXVII: Expiration of Authorizations - Terminates all authorizations contained in titles XXI through XXVI of this Division on October 1, 1994, or the date of enactment of an Act authorizing funds for military construction for FY 1995, whichever is later, with specified exceptions. Terminates the approval of military construction projects in this Division at military installations which are closed or realigned pursuant to the Defense Base Closure and Realignment Act of 1990.

Title XXVIII: General Provisions - Part A: Defense Base Closure and Realignment - Amends the Defense Base Closure and Realignment Act of 1990 to terminate the process by which military installations are selected for closure or realignment under such Act if the President does not transmit to the Congress by certain dates in 1993 and 1995 the nominations for appointment to the Defense Base Closure and Realignment Commission (Commission). Adds provisions relating to the employment and detailing of Commission staff employees. Revises certain notification and publication dates with respect to selection criteria utilized in making recommendations for base closures and realignments and recommendations made by DOD and the Commission. Prohibits funds appropriated to DOD for environmental restoration and management from being used for such activities at military installations closed or realigned under such Act.

Applies Federal whistleblower protection for military personnel making certain disclosures to communications made to the Commission.

Provides that in the case of each military installation considered for closure or realignment by the Commission, the Secretary shall ensure that the amount of the authorization requested by DOD for each military construction project in each of FY 1992 through 1999 for the following fiscal year does not exceed the estimate of the cost of the project that was provided to the Commission by DOD. Requires the Secretary to report to the Congress the reasons for any differences between the requested amount and the estimated cost of any such project. Requires the DOD Inspector General to investigate each project for which the Secretary is required to submit an explanation and report his findings to the Secretary.

Amends the Demonstration Cities and Metropolitan Development Act of 1966 to make eligible for certain homeowners assistance benefits provided under such Act DOD civilian employees and members of the armed forces who were employed or assigned to a military installation at the time of public announcement of its closure or transferred from such installation before such public announcement.

Directs the Secretary to prepare a plan for the environmental restoration and cleanup of the Jefferson Proving Ground, Indiana. Requires the Secretary to prepare the plan within 180 days after enactment of this Act and to publish a notice of the availability of the plan in the Federal Register and at least two local newspapers. Requires a period of at least 60 days for public comment and at least one public meeting on the proposed plan. Requires the Secretary to submit the final plan at the same time the President submits the budget to the Congress for FY 1994.

Authorizes the Secretary of a military department having jurisdiction over a military installation that is closed pursuant to a base closure law to: (1) convey to a credit union which conducts business in a facility located on such installation and constructed using credit union funds all rights and interest to such facility; and (2) in the event of such conveyance, permit the credit union to purchase the land upon which the facility was constructed before such land is offered for sale to any other entity. Prohibits such action if the Secretary concerned determines that the operation of a credit union business at such facility is inconsistent with the plan for the reuse of such installation developed in coordination with the community in which the facility is located.

Directs the Secretary to convey to the appropriate political subdivision or State all rights and interest of the United States in a military installation located in such subdivision or State that is closed pursuant to a base closure law and in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act and the Solid Waste Disposal Act as determined by the Administrator of the EPA. Prohibits the Secretary from making such a conveyance unless he has first determined that the community in the area of the installation has experienced or will experience a significant adverse economic impact as a result of the closure of the military installation. Requires such determination to be made as soon as practicable, but by not later than the date on which the installation is closed. Provides factors to be considered in making the "significant adverse economic impact" determination. Requires the Secretary to notify the community affected of the Secretary's intention to convey the property as soon as practicable, but by not later than the installation's closing date. Sets forth the order of priority for eligible States and political subdivisions in receiving conveyed property. Requires related personal property to be similarly conveyed when determined to be related to the property's use. Provides a conveyance deadline of 180 days after the installation is closed. Requires the Secretary to sever from property conveyed any real property not suitable for conveyance for various specified reasons. Authorizes the President to waive such conveyance requirements: (1) for national security reasons; or (2) if the property value base is so high that such a conveyance would constitute an undue windfall to such community and would not be necessary for the economic recovery of the region, as long as the President makes such certification to the defense committees. Provides determination and certification deadlines and extensions in certain circumstances.

Requires the Secretary, prior to and after any such conveyance, to: (1) provide economic adjustment and community planning assistance to decide the appropriate use for the community of the property conveyed in order to reach economic stability; (2) comply with specified environmental laws; and (3) continue to carry out environmental restoration and mitigation activities relating to uses made of such installation before its closure. Provides funding sources for such community assistance and environmental compliance. Authorizes the Secretary and any other appropriate Federal department or agency head to continue to obligate funds for making improvements to a property to facilitate its conveyance.

Directs the Secretary, in coordination with the Secretary of Labor, to report to the Congress setting forth the availability of employment assistance services for civilian DOD employees who may be affected by reductions in defense employment associated with the 1988 or 1991 Base Closure Commission.

Part B: Military Construction Program Changes - Authorizes the Secretary of Defense to make grants to States to acquire or construct facilities for the joint use of two or more components of the reserves. Increases from $200,000 to $300,000 the maximum amount for an authorized project for the acquisition or construction of such facilities that may be carried out with funds available for operations and maintenance.

Repeals a Federal provision prohibiting the Secretary concerned from entering into more than five long-term construction contracts for the construction of certain military support facilities (child care, troop housing, hospital or medical facilities) at or near a military installation. Authorizes the Secretary concerned to enter into a contract for the procurement of products or services (currently, may only contract for construction, management, or operation of such facilities) in connection with such facilities. Requires all such projects to be authorized by law. Adds provisions to such contracts with respect to their being subject to the availability of specific appropriations for such purpose. Extends through FY 1993 the authority to enter into such contracts.

Allows the Secretary concerned, or the Secretary of Transportation with respect to the Coast Guard, to enter into contracts for the leasing of military family housing to be constructed or rehabilitated to residential use on or near a military installation in which there is a deficit of such housing only if specifically authorized by law and subject to the availability of specific appropriations for such purpose. Extends through FY 1993 the authority to enter into such leases.

Repeals Federal provisions which: (1) prohibit the Secretary concerned from entering into more than three contracts per fiscal year for authorized military construction projects using one-step turn-key selection procedures; and (2) terminate the use of such procedures for such contracts on October 1, 1991.

Increases to $1,500,000 the cost limitation threshold for a military construction project to be considered a minor construction project. Increases to $300,000 the maximum amount authorized to be spent from operation and maintenance funds by the Secretary concerned for such minor construction projects.

Provides an increased maximum square footage allowance for military family housing located where harsh climatological conditions severely restrict outdoor activity for a significant part of each year, as determined by the Secretary concerned.

Makes permanent (currently expires September 30, 1991) the authority to obligate certain funds from the DOD Base Closure Account to the homeowners assistance program under the Demonstration Cities and Metropolitan Development Act of 1966.

Authorizes the Secretary concerned to carry out a military construction project not otherwise authorized by law when such project is vital to the protection of health, safety, or quality of the environment.

Authorizes the Secretary concerned to acquire options for the lease of real property (currently, such Secretaries may only acquire options on a purchase) when such property is required for military construction projects. Provides the monetary consideration for such lease options. Requires the Secretary concerned, before exercising either type of option, to review the most recent inventory of real property assets published by the Resolution Trust Corporation to determine whether any such property is suitable for such construction projects.

Amends the Military Construction Authorization Act, 1984, with respect to the military housing rental guarantee program to allow the Secretary concerned (or the Secretary of Transportation with respect to the Coast Guard) to enter into agreements for military housing rental guaranty projects only when such projects are specifically authorized by law and subject to the availability of specific appropriations for such purpose. Requires budget materials submitted to the Congress to include proposed rental guaranty projects. Extends the rental guaranty program through FY 1993.

Authorizes the Secretary concerned who compensates a landlord for breach of lease or damages by a member of the armed forces under the military housing rental guaranty program to withhold from the pay of such member an amount equal to the amount of such compensation.

Revises provisions with respect to the authority of the Secretaries concerned to lease certain nonexcess property.

Authorizes the Secretary to acquire any leasehold interest in real property considered necessary for national security purposes to facilitate special operations forces activities. Sets a maximum rental cost of any property so acquired at $500,000. Allows facilities acquired to be modified to facilitate such activities. Terminates the authority to enter into such contracts as of the end of FY 1992. Requires the Secretary to report to the defense committees concerning leasehold interests so acquired.

Empowers law enforcement authorities employed at the Pentagon Reservation with the same powers as sheriffs and constables upon such property.

Directs the Secretary to study and report to the defense committees on the advisability of constructing tornado shelters at military installations in areas prone to tornadoes.

Part C: Land Transactions - Authorizes the Secretary of the Army to convey to the New Mexico State Armory Board all rights and interests in real property in Santa Fe, New Mexico, currently used as a U.S. Army Reserve Center, under specified terms and conditions, including the construction by the Board of a Reserve Center replacement facility.

Authorizes the Secretary of the Air Force to convey to Saint Clair County, Illinois, all rights and interests in the Cardinal Creek Housing Complex, Scott Air Force Base, Illinois, under specified terms and conditions.

Amends the Military Construction Authorization Act for Fiscal Year 1991 to revise the sale payment amount with respect to the conveyance to Burlington, Vermont, of the Naval Reserve Center located there.

Directs the Secretary of the Navy to release a reversionary interest held on certain real property within Berrien County, Michigan.

Authorizes the Secretary of the Navy to acquire by fee simple real property located at Outlying Landing Field Barin, Baldwin County, Alabama.

Authorizes the Secretary of the Army to convey to New Bedford, Massachusetts, all rights and interests to certain parcels of real property in such city. Requires the city to conduct any remedial action necessary to prevent the release of any oil or other hazardous material contained there and to indemnify the United States against all claims arising with respect to such parcels of land. Requires the Secretary to permit city officials to enter upon such property to prepare the area for construction of a waste water treatment plant.

Authorizes the Secretary of the Army to convey to the city of Lompoc, California, all rights and interests of the United States to real property at the U.S. Disciplinary Barracks in Lompoc, together with any improvements on such land. Provides for reversion to the United States if such property is not used for specified purposes.