Summary: H.R.5313 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Public Law No: 101-519 (11/05/1990)

Military Construction Appropriations Act, 1991 - Appropriates funds for FY 1991 for military construction functions administered by the Department of Defense (DOD) in specified amounts for: (1) military construction, Army (including rescissions of such funds under prior law); (2) military construction, Navy (including a rescission); (3) military construction, Air Force (including rescissions); (4) military construction, defense agencies (including rescissions and a specified transfer of funds); (5) North Atlantic Treaty Organization (NATO) Infrastructure; (6) military construction, Army National Guard; (7) military construction, Air National Guard; (8) military construction, Army Reserve; (9) military construction, Naval Reserve; (10) military construction, Air Force Reserve; (11) family housing, Army (including a rescission of funds); (12) family housing, Navy and Marine Corps (including a rescission); (13) family housing, Air Force (including rescissions); (14) family housing, defense agencies (including rescissions); (15) the homeowners assistance fund, defense; and (16) the Department Base Closure Account.

Prohibits funds appropriated in this Act from being used for payments under certain cost-plus-a-fixed-fee contracts without specific approval by the Secretary of Defense.

Authorizes funds appropriated in this Act to be used for: (1) the hire of passenger motor vehicles; and (2) advances to the Federal Highway Administration, Department of Transportation, for the construction of defense access roads.

Prohibits funds appropriated in this Act from being used for: (1) construction of new bases inside the continental United States for which specific appropriations have not been made; (2) the purchase of certain lands or easements for amounts in excess of 100 percent of their value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except under specified conditions; (3) acquisition, site preparation, or the installation of any utilities for family housing, except for housing for which funds have been made available under annual military construction appropriation Acts; (4) transferring or relocating any activity from one base or installation to another without prior notification to the Committees on Appropriations; or (5) the procurement of steel for any construction project or activity for which American steel producers have been denied the opportunity to compete.

Prohibits the use of funds available for military construction and housing during FY 1990 to pay real property taxes in any foreign nation.

Prohibits funds appropriated in this Act from being used for: (1) the initiation of a new installation overseas without prior notification to the Committees on Appropriations; (2) certain architect and engineer contracts for projects in Japan or in any NATO-member country, unless awarded to U.S. firms solely or in joint ventures; or (3) the award of any contract for military construction in the U.S. territories and possessions in the Pacific and on Kwajalein Island in excess of $1,000,000 to a foreign contractor, with specified exceptions.

Directs the Secretary to notify the Senate and House Armed Services and Appropriations Committees of the plans and scope of any military exercise involving U.S. personnel 30 days prior to its occurrence if amounts expended for construction are expected to exceed $100,000.

Transfers certain funds of the Military Family Housing Management Account to the appropriations for family housing provided in this Act.

Prohibits more than 20 percent of the funds appropriated in this Act which are limited for obligation during the current fiscal year from being obligated during the last two months of the fiscal year.

Makes certain prior year funds available for military construction authorized during the second session of the 101st Congress.

Directs the Secretary, by February 15, 1991, to provide the Appropriations Committees with a report detailing the specific actions proposed to be taken by DOD during FY 1991 to encourage other members of NATO and Japan to assume a greater share of the common defense burden of such nations and the United States.

Permits certain expired or lapsed funds to be used to pay certain overhead and other costs associated with military construction or family housing projects.

Allows funds appropriated for military construction projects to be obligated by the end of the fourth year after such funds were appropriated, with certain conditions.

Limits the amount of funds that may be obligated for the contract cleaning of military family housing units.

Prohibits any funds appropriated in this Act from being used for new military family housing units in the Republic of Korea in connection with any increase in accompanied tours after June 6, 1988.

Prohibits any funds appropriated in this Act for planning and design activities from being used to initiate design of the Pentagon Annex.

Prohibits any funds appropriated in this Act from being available for study, planning, design, or architect and engineer services related to the relocation of the Yongsan Garrison, Korea.

Prohibits any funds herein or previously appropriated for military construction and family housing from being available for funding costs associated with military operations in Panama known as Operation Just Cause.

Disapproves certain deferrals related to DOD as set forth in a message delivered to the Congress by the Comptroller General.

Directs the Secretary of the Army to transfer by the end of FY 1991 to the Secretary of the Interior specified real property located at Fort Meade, Maryland, together with a power-line right-of-way. Requires the Secretary of the Interior to administer such property consistent with wildlife conservation purposes and to provide for the continued use of such property by Federal agencies using it at the time of enactment of this Act. Prohibits such Secretary from transferring such property without specific approval of such transfer by law.

Authorizes the Secretary of the Army to transfer to the city of Tacoma, Washington, all rights and interest to specified real property in Tacoma in consideration for a 50-year leasehold interest in and to a certain pier at the Port of Tacoma. Outlines transfer conditions and provides for a reversion to the United States if the property transferred is not used for public purposes.

Prohibits the expenditure of funds appropriated by this Act, except NATO infrastructure funds, for planning, design, or construction of military facilities or family housing to support the relocation of the 401st Tactical Fighter Wing from Spain to another country until authorized by the Congress.

Requires funds necessary for FY 1991 pay raises for programs funded by this Act to be absorbed within the levels appropriated in this Act.

Directs the Secretary of the Army to convey to the University of Utah all Federal rights and interest in certain portions of property comprising Fort Douglas, Utah, subject to certain conditions. Retains a Federal reversionary interest in such property if the University uses it for other than educational or research purposes.

Directs the Secretary of the Army to convey to the State of Utah all rights and interest to the land comprising Fort Douglas, Utah. Excepts from such land conveyed specified acreage necessary for the Army to continue conducting Army Reserve activities at Fort Douglas, as well as land constituting the Fort Douglas Cemetery. Retains certain rights-of-way and other easements. Requires Utah, as conditions for such conveyance, to agree: (1) to maintain and operate the Army chapel and other historical buildings at the Fort; and (2) to preserve its parade grounds. Provides for reversion to the United States if such conditions are not met. Authorizes the Secretary to enter into an agreement with the University of Utah to jointly use and equitably share the cost of utility systems at Fort Douglas.

Authorizes the President to: (1) vest title in a portion of the property of Iraq seized by the United States pursuant to executive order equal to the amount of obligations owed to the U.S. Government and U.S. nationals for which Iraq has suspended repayment; and (2) liquidate such property and pay U.S. creditors the amount of such obligations. Provides for priority in such payments for obligations the repayment of which is guaranteed by the Commodity Credit Corporation.

Antiterrorism Act of 1990 - Amends the Federal criminal code to define the term "international terrorism" to include activities that: (1) involve violent acts that are a violation of Federal or State laws, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (2) appear to be intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion, or affect the conduct of a government by assassination or kidnapping; and (3) occur primarily outside U.S. territorial jurisdiction or transcend national boundaries.

Authorizes any U.S. national injured in his person, property, or business by reason of an act of international terrorism to bring a civil action in U.S. district court and recover treble damages and the cost of the suit, including attorney's fees. Specifies that a final judgment or decree rendered in favor of the United States in certain classes of criminal proceedings (such as those involving the murder of a foreign official, kidnapping, hostage taking, killing of a U.S. national, or an aircraft piracy-related offense) or in favor of any foreign state in a criminal proceeding to the extent that such judgment or decree may be accorded full faith and credit under U.S. law shall stop the defendant from denying the essential allegations of the criminal offense in a subsequent civil proceeding under this Act.

Sets forth provisions with respect to jurisdiction and venue for, and limitation of, such civil actions.