[Congressional Record Volume 157, Number 194 (Friday, December 16, 2011)]
[Extensions of Remarks]
[Page E2295]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 1540, NATIONAL DEFENSE AUTHORIZATION ACT FOR 
                            FISCAL YEAR 2012

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                               speech of

                            HON. ADAM SMITH

                             of washington

                    in the house of representatives

                      Wednesday, December 14, 2011

  Mr. SMITH of Washington. Mr. Speaker, some have raised concerns about 
potential ambiguities in section 2207 of the FY2012 National Defense 
Authorization Act and I wanted to provide clarification on some of 
these matters. It was asked whether section 2207 restricts the 
obligation of funds for contract modifications to ongoing projects or 
awarding minor supporting contracts required to complete projects that 
have already begun. First, it is not the intent of the bill to restrict 
the Department of Defense from modifying current contracts or awarding 
required ancillary contracts in support of active projects because 
those prior-year funds have already been obligated and therefore are 
not subject to the restrictions set forth in section 2207. We 
understand that minor additional obligations may be required to 
complete those previously authorized projects, and we do not object to 
such minor obligations as long as they are within the scope of the 
original authorizations.
  Others have asked me, can the Department of Defense use any funding 
to continue planning and program management activities or begin new 
studies that will help inform or develop any of the five requirements 
that are outlined in section 2207 that must be met before further funds 
are obligated? The language in section 2207 is not indented to restrict 
the Department of Defense's ability to use prior-year funding to 
conduct program management activities, planning and further studies or 
complete ongoing studies that will better inform or allow the 
Department to complete work on the five requirements that are called 
out in section 2207 of this bill. This provision is not intended to 
stop the military buildup, but there are questions that remain 
outstanding.
  I am committed to working with the Gentlelady from Guam to continue 
to address these issues regarding the stationing of Marine Corps forces 
on Guam.

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