[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2904 Enrolled Bill (ENR)]

        H.R.2904

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
             the third day of January, two thousand and one


                                 An Act


 
  Making appropriations for military construction, family housing, and 
   base realignment and closure for the Department of Defense for the 
     fiscal year ending September 30, 2002, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated for military construction, family housing, and base 
realignment and closure functions administered by the Department of 
Defense, for the fiscal year ending September 30, 2002, and for other 
purposes, namely:

                      Military Construction, Army


                          (including rescission)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Army as currently authorized by 
law, including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, and 
for construction and operation of facilities in support of the 
functions of the Commander in Chief, $1,778,256,000, to remain 
available until September 30, 2006: Provided, That of this amount, not 
to exceed $163,198,000 shall be available for study, planning, design, 
architect and engineer services, and host nation support, as authorized 
by law, unless the Secretary of Defense determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of his determination and 
the reasons therefor: Provided further, That of the funds appropriated 
for ``Military Construction, Army'' under Public Law 106-52, 
$36,400,000 are rescinded.

                      Military Construction, Navy


                          (including rescission)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy as currently authorized by law, 
including personnel in the Naval Facilities Engineering Command and 
other personal services necessary for the purposes of this 
appropriation, $1,144,221,000, to remain available until September 30, 
2006: Provided, That of this amount, not to exceed $34,152,000 shall be 
available for study, planning, design, architect and engineer services, 
as authorized by law, unless the Secretary of Defense determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of his 
determination and the reasons therefor: Provided further, That of the 
funds appropriated for ``Military Construction, Navy'' under Public Law 
106-246, $19,588,000 are rescinded.

                    Military Construction, Air Force


                          (including rescission)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Air Force as currently authorized 
by law, $1,194,880,000, to remain available until September 30, 2006: 
Provided, That of this amount, not to exceed $83,210,000 shall be 
available for study, planning, design, architect and engineer services, 
as authorized by law, unless the Secretary of Defense determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of his 
determination and the reasons therefor: Provided further, That of the 
funds appropriated for ``Military Construction, Air Force'' under 
previous Military Construction Appropriations Acts, $4,000,000 are 
rescinded.

                  Military Construction, Defense-wide


              (including transfer and rescissions of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of Defense 
(other than the military departments), as currently authorized by law, 
$840,558,000, to remain available until September 30, 2006: Provided, 
That such amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to such appropriations of the 
Department of Defense available for military construction or family 
housing as he may designate, to be merged with and to be available for 
the same purposes, and for the same time period, as the appropriation 
or fund to which transferred: Provided further, That of the amount 
appropriated, not to exceed $66,496,000 shall be available for study, 
planning, design, architect and engineer services, as authorized by 
law, unless the Secretary of Defense determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of his determination and 
the reasons therefor: Provided further, That of the funds appropriated 
for ``Military Construction, Defense-wide'' under Public Law 106-246, 
$65,280,000 are rescinded: Provided further, That of the funds 
appropriated for ``Military Construction, Defense-wide'' under previous 
Military Construction Appropriations Acts, $4,000,000 are rescinded.

               Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $405,565,000, to remain available until September 
30, 2006.

               Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $253,386,000, to remain available until September 
30, 2006.

                  Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $167,019,000, to 
remain available until September 30, 2006.

                  Military Construction, Naval Reserve


                          (including rescission)

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $53,201,000, to remain available until September 
30, 2006: Provided, That of the funds appropriated for ``Military 
Construction, Naval Reserve'' under Public Law 106-246, $925,000 are 
rescinded.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $74,857,000, to 
remain available until September 30, 2006.

     North Atlantic Treaty Organization Security Investment Program

    For the United States share of the cost of the North Atlantic 
Treaty Organization Security Investment Program for the acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized in 
Military Construction Authorization Acts and section 2806 of title 10, 
United States Code, $162,600,000, to remain available until expended.

                   Family Housing Construction, Army

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension and 
alteration, as authorized by law, $312,742,000, to remain available 
until September 30, 2006.

             Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $1,089,573,000.

           Family Housing Construction, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension and alteration, as authorized by law, $331,780,000, to remain 
available until September 30, 2006.

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
operation and maintenance, including debt payment, leasing, minor 
construction, principal and interest charges, and insurance premiums, 
as authorized by law, $910,095,000.

                 Family Housing Construction, Air Force

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension and 
alteration, as authorized by law, $550,703,000, to remain available 
until September 30, 2006.

          Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $844,715,000.

                      Family Housing, Defense-wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
construction, including acquisition, replacement, addition, expansion, 
extension and alteration, and for operation and maintenance, leasing, 
and minor construction, as authorized by law, as follows: for 
Construction, $250,000 to remain available until September 30, 2006; 
for Operation and Maintenance, $43,762,000; in all $44,012,000.

         Department of Defense Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement Fund, 
$2,000,000, to remain available until expended, for family housing 
initiatives undertaken pursuant to section 2883 of title 10, United 
States Code, providing alternative means of acquiring and improving 
military family housing, and supporting facilities.

                  Homeowners Assistance Fund, Defense

    For the Homeowners Assistance Fund established by section 1013 of 
the Demonstration Cities and Metropolitan Development Act of 1966, as 
amended (42 U.S.C. 3374) $10,119,000, to remain available until 
expended.

                  Base Realignment and Closure Account

    For deposit into the Department of Defense Base Closure Account 
1990 established by section 2906(a)(1) of the Department of Defense 
Authorization Act, 1991 (Public Law 101-510), $632,713,000, to remain 
available until expended.

                           GENERAL PROVISIONS

    Sec. 101. None of the funds appropriated in Military Construction 
Appropriations Acts shall be expended for payments under a cost-plus-a-
fixed-fee contract for construction, where cost estimates exceed 
$25,000, to be performed within the United States, except Alaska, 
without the specific approval in writing of the Secretary of Defense 
setting forth the reasons therefor.
    Sec. 102. Funds appropriated to the Department of Defense for 
construction shall be available for hire of passenger motor vehicles.
    Sec. 103. Funds appropriated to the Department of Defense for 
construction may be used for advances to the Federal Highway 
Administration, Department of Transportation, for the construction of 
access roads as authorized by section 210 of title 23, United States 
Code, when projects authorized therein are certified as important to 
the national defense by the Secretary of Defense.
    Sec. 104. None of the funds appropriated in this Act may be used to 
begin construction of new bases inside the continental United States 
for which specific appropriations have not been made.
    Sec. 105. No part of the funds provided in Military Construction 
Appropriations Acts shall be used for purchase of land or land 
easements in excess of 100 percent of the value as determined by the 
Army Corps of Engineers or the Naval Facilities Engineering Command, 
except: (1) where there is a determination of value by a Federal court; 
(2) purchases negotiated by the Attorney General or his designee; (3) 
where the estimated value is less than $25,000; or (4) as otherwise 
determined by the Secretary of Defense to be in the public interest.
    Sec. 106. None of the funds appropriated in Military Construction 
Appropriations Acts shall be used to: (1) acquire land; (2) provide for 
site preparation; or (3) install utilities for any family housing, 
except housing for which funds have been made available in annual 
Military Construction Appropriations Acts.
    Sec. 107. None of the funds appropriated in Military Construction 
Appropriations Acts for minor construction may be used to transfer or 
relocate any activity from one base or installation to another, without 
prior notification to the Committees on Appropriations.
    Sec. 108. No part of the funds appropriated in Military 
Construction Appropriations Acts may be used for the procurement of 
steel for any construction project or activity for which American steel 
producers, fabricators, and manufacturers have been denied the 
opportunity to compete for such steel procurement.
    Sec. 109. None of the funds available to the Department of Defense 
for military construction or family housing during the current fiscal 
year may be used to pay real property taxes in any foreign nation.
    Sec. 110. None of the funds appropriated in Military Construction 
Appropriations Acts may be used to initiate a new installation overseas 
without prior notification to the Committees on Appropriations.
    Sec. 111. None of the funds appropriated in Military Construction 
Appropriations Acts may be obligated for architect and engineer 
contracts estimated by the Government to exceed $500,000 for projects 
to be accomplished in Japan, in any NATO member country, or in 
countries bordering the Arabian Sea, unless such contracts are awarded 
to United States firms or United States firms in joint venture with 
host nation firms.
    Sec. 112. None of the funds appropriated in Military Construction 
Appropriations Acts for military construction in the United States 
territories and possessions in the Pacific and on Kwajalein Atoll, or 
in countries bordering the Arabian Sea, may be used to award any 
contract estimated by the Government to exceed $1,000,000 to a foreign 
contractor: Provided, That this section shall not be applicable to 
contract awards for which the lowest responsive and responsible bid of 
a United States contractor exceeds the lowest responsive and 
responsible bid of a foreign contractor by greater than 20 percent: 
Provided further, That this section shall not apply to contract awards 
for military construction on Kwajalein Atoll for which the lowest 
responsive and responsible bid is submitted by a Marshallese 
contractor.
    Sec. 113. The Secretary of Defense is to inform the appropriate 
committees of Congress, including the Committees on Appropriations, of 
the plans and scope of any proposed military exercise involving United 
States personnel 30 days prior to its occurring, if amounts expended 
for construction, either temporary or permanent, are anticipated to 
exceed $100,000.
    Sec. 114. Not more than 20 percent of the appropriations in 
Military Construction Appropriations Acts which are limited for 
obligation during the current fiscal year shall be obligated during the 
last 2 months of the fiscal year.


                           (transfer of funds)

    Sec. 115. Funds appropriated to the Department of Defense for 
construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress.
    Sec. 116. For military construction or family housing projects that 
are being completed with funds otherwise expired or lapsed for 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any.
    Sec. 117. Notwithstanding any other provision of law, any funds 
appropriated to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were appropriated if 
the funds obligated for such project: (1) are obligated from funds 
available for military construction projects; and (2) do not exceed the 
amount appropriated for such project, plus any amount by which the cost 
of such project is increased pursuant to law.


                           (transfer of funds)

    Sec. 118. During the 5-year period after appropriations available 
to the Department of Defense for military construction and family 
housing operation and maintenance and construction have expired for 
obligation, upon a determination that such appropriations will not be 
necessary for the liquidation of obligations or for making authorized 
adjustments to such appropriations for obligations incurred during the 
period of availability of such appropriations, unobligated balances of 
such appropriations may be transferred into the appropriation ``Foreign 
Currency Fluctuations, Construction, Defense'' to be merged with and to 
be available for the same time period and for the same purposes as the 
appropriation to which transferred.
    Sec. 119. The Secretary of Defense is to provide the Committees on 
Appropriations of the Senate and the House of Representatives with an 
annual report by February 15, containing details of the specific 
actions proposed to be taken by the Department of Defense during the 
current fiscal year to encourage other member nations of the North 
Atlantic Treaty Organization, Japan, Korea, and United States allies 
bordering the Arabian Sea to assume a greater share of the common 
defense burden of such nations and the United States.


                           (transfer of funds)

    Sec. 120. During the current fiscal year, in addition to any other 
transfer authority available to the Department of Defense, proceeds 
deposited to the Department of Defense Base Closure Account established 
by section 207(a)(1) of the Defense Authorization Amendments and Base 
Closure and Realignment Act (Public Law 100-526) pursuant to section 
207(a)(2)(C) of such Act, may be transferred to the account established 
by section 2906(a)(1) of the Department of Defense Authorization Act, 
1991, to be merged with, and to be available for the same purposes and 
the same time period as that account.
    Sec. 121. (a) No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
American Act'').
    (b) No funds made available under this Act shall be made available 
to any person or entity who has been convicted of violating the Act of 
March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American 
Act'').
    Sec. 122. (a) In the case of any equipment or products that may be 
authorized to be purchased with financial assistance provided under 
this Act, it is the sense of the Congress that entities receiving such 
assistance should, in expending the assistance, purchase only American-
made equipment and products.
    (b) In providing financial assistance under this Act, the Secretary 
of the Treasury shall provide to each recipient of the assistance a 
notice describing the statement made in subsection (a) by the Congress.


                           (transfer of funds)

    Sec. 123. Subject to 30 days prior notification to the Committees 
on Appropriations, such additional amounts as may be determined by the 
Secretary of Defense may be transferred to the Department of Defense 
Family Housing Improvement Fund from amounts appropriated for 
construction in ``Family Housing'' accounts, to be merged with and to 
be available for the same purposes and for the same period of time as 
amounts appropriated directly to the Fund: Provided, That 
appropriations made available to the Fund shall be available to cover 
the costs, as defined in section 502(5) of the Congressional Budget Act 
of 1974, of direct loans or loan guarantees issued by the Department of 
Defense pursuant to the provisions of subchapter IV of chapter 169, 
title 10, United States Code, pertaining to alternative means of 
acquiring and improving military family housing and supporting 
facilities.
    Sec. 124. None of the funds appropriated or made available by this 
Act may be obligated for Partnership for Peace Programs in the New 
Independent States of the former Soviet Union.
    Sec. 125. (a) Not later than 60 days before issuing any 
solicitation for a contract with the private sector for military family 
housing the Secretary of the military department concerned shall submit 
to the congressional defense committees the notice described in 
subsection (b).
    (b)(1) A notice referred to in subsection (a) is a notice of any 
guarantee (including the making of mortgage or rental payments) 
proposed to be made by the Secretary to the private party under the 
contract involved in the event of--
        (A) the closure or realignment of the installation for which 
    housing is provided under the contract;
        (B) a reduction in force of units stationed at such 
    installation; or
        (C) the extended deployment overseas of units stationed at such 
    installation.
    (2) Each notice under this subsection shall specify the nature of 
the guarantee involved and assess the extent and likelihood, if any, of 
the liability of the Federal Government with respect to the guarantee.
    (c) In this section, the term ``congressional defense committees'' 
means the following:
        (1) The Committee on Armed Services and the Military 
    Construction Subcommittee, Committee on Appropriations of the 
    Senate.
        (2) The Committee on Armed Services and the Military 
    Construction Subcommittee, Committee on Appropriations of the House 
    of Representatives.


                           (transfer of funds)

    Sec. 126. During the current fiscal year, in addition to any other 
transfer authority available to the Department of Defense, amounts may 
be transferred from the account established by section 2906(a)(1) of 
the Department of Defense Authorization Act, 1991, to the fund 
established by section 1013(d) of the Demonstration Cities and 
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for 
expenses associated with the Homeowners Assistance Program. Any amounts 
transferred shall be merged with and be available for the same purposes 
and for the same time period as the fund to which transferred.
    Sec. 127. Notwithstanding this or any other provision of law, funds 
appropriated in Military Construction Appropriations Acts for 
operations and maintenance of family housing shall be the exclusive 
source of funds for repair and maintenance of all family housing units, 
including general or flag officer quarters: Provided, That not more 
than $35,000 per unit may be spent annually for the maintenance and 
repair of any general or flag officer quarters without 30 days advance 
prior notification to the appropriate committees of Congress: Provided 
further, That the Under Secretary of Defense (Comptroller) is to report 
annually to the Committees on Appropriations all operations and 
maintenance expenditures for each individual general or flag officer 
quarters for the prior fiscal year.
    Sec. 128. In addition to the amounts provided in Public Law 107-20, 
of the funds appropriated under the heading ``Military Construction, 
Air Force'' in this Act, $8,000,000 is to remain available until 
September 30, 2005: Provided, That notwithstanding any other provision 
of law, such funds may be obligated or expended to carry out planning 
and design and military construction activities at the Masirah Island 
Airfield in Oman, not otherwise authorized by law.
    Sec. 129. Not later than 90 days after the enactment of this Act, 
the Secretary of Defense shall submit to the congressional defense 
committees a master plan for the environmental remediation of Hunters 
Point Naval Shipyard, California. The plan shall identify an aggregate 
cost estimate for the entire project as well as cost estimates for 
individual parcels. The plan shall also include a detailed cleanup 
schedule and an analysis of whether the Department is meeting legal 
requirements and community commitments. Following submission of the 
initial report, the Department shall submit semi-annual progress 
reports to the congressional defense committees.


                          (rescission of funds)

    Sec. 130. Of the funds available to the Secretary of Defense in the 
``Foreign Currency Fluctuations, Construction, Defense'' account, 
$60,000,000 are rescinded.
    Sec. 131. (a) Requests for Funds for Environmental Restoration at 
BRAC Sites in Future Fiscal Years.--In the budget justification 
materials submitted to Congress in support of the Department of Defense 
budget for any fiscal year after fiscal year 2002, the amount requested 
for environmental restoration, waste management, and environmental 
compliance activities in such fiscal year with respect to military 
installations approved for closure or realignment under the base 
closure laws shall accurately reflect the anticipated cost of such 
activities in such fiscal year.
    (b) Base Closure Laws Defined.--In this section, the term ``base 
closure laws'' means the following:
        (1) Section 2687 of title 10, United States Code.
        (2) The Defense Base Closure and Realignment Act of 1990 (part 
    A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
        (3) Title II of the Defense Authorization Amendments and Base 
    Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 
    note).
    Sec. 132. (a) The total of the amounts appropriated by the other 
provisions of this Act, other than the amounts appropriated for the 
accounts specified in subsection (c), is hereby reduced by 1.127 
percent.
    (b) The total amount of the reduction computed under subsection (a) 
shall be allocated proportionally among all of the budget activities, 
activity groups, and subactivity groups and among all of the accounts 
and all of the programs, projects, and activities within each account, 
except for the accounts specified in subsection (c).
    (c) No reduction shall be allocated under this section to the Base 
Realignment and Closure Account, or to the North Atlantic Treaty 
Organization Security Investment Program.
    This Act may be cited as the ``Military Construction Appropriations 
Act, 2002''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.