[House Report 107-246]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-246
======================================================================
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
_______
OCTOBER 16, 2001.--Ordered to be printed
_______
Mr. Hobson, from the Committee of Conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 2904]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
2904) ``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,'' having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
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 bylaw, 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''.
And the Senate agree to the same.
David L. Hobson,
James T. Walsh,
Dan Miller,
Robert B. Aderholt,
Kay Granger,
Virgil Goode, Jr.,
Joe Skeen,
David Vitter,
Bill Young,
John W. Olver,
Chet Edwards,
Sam Farr,
Allen Boyd,
Norman Dicks,
David Obey,
Managers on the Part of the House.
Dianne Feinstein,
Daniel K. Inouye,
Tim Johnson,
Mary Landrieu,
Harry Reid,
Robert C. Byrd,
Kay Bailey Hutchison,
Conrad Burns,
Larry E. Craig
Mike DeWine,
Ted Stevens,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 2904) making
appropriations for the Department of Defense for the fiscal
year ending September 30, 2002, and for other purposes, submit
the following joint statement to the House of Representatives
and the Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompanying
conference report.
The Senate deleted the entire House bill after the
enacting clause and inserted the Senate bill (S. 1460). The
conference agreement includes a revised bill.
Items of General Interest
Matters Addressed by Only One Committee.--The language
and allocations set forth in House Report 107-207 and Senate
Report 107-68 should be complied with unless specifically
addressed to the contrary in the conference report and
statement of the managers. Report language included by the
House which is not changed by the report of the Senate or the
conference, and Senate report language which is not changed by
the conference is approved by the committee of conference. The
statement of the managers, while repeating some report language
for emphasis, does not intend to negate the language referred
to above unless expressly provided herein. In cases in which
the House or the Senate have directed the submission of a
report from the Department of Defense, such report is to be
submitted to both House and Senate Committees on
Appropriations.
Financial Management.--The conferees agree that the
rescission of funds and general reductions included in the
conference agreement are based on prior year unobligated
balances and such factors as savings through favorable bids,
reduced overhead costs, downsizing or cancellation due to force
structure changes (if any), other administrative cost reduction
initiatives, revised economic assumptions, and inflation re-
estimates. The conferees direct that no project for which funds
were previously appropriated, or for which funds are
appropriated in this bill, may be canceled as a result of the
reductions included in the conference agreement.
Foreign Currency Fluctuations, Construction, Defense.--
The amounts available in the ``Foreign Currency Fluctuations,
Construction, Defense'' account exceed those necessary to
eliminate losses due to unfavorable fluctuations in foreign
currency exchange rates. Accordingly, the conferees include a
provision (Section 130) which rescinds $60,000,000 from this
account.
Sustainment, Restoration, and Modernization: Reporting
Requirement.--The conferees agree to the following general
rules for repairing a facility under operation and maintenance
funding:
Components of the facility may be repaired by
replacement, and such replacement can be up to current
standards or code.
Interior arrangements and restorations may be included as
repair, but additions, new facilities, and functional
conversions must be performed as military construction
projects.
Such projects may be done concurrent with repair
projects, as long as the final conjunctively funded project is
a complete and usable facility.
The appropriate Service Secretary shall notify the
appropriate Committees 21 days prior to carrying out any repair
project with an estimated cost in excess of $7,500,000.
The Department is directed to provide sustainment,
restoration, and modernization backlog at all installations for
which there is a requested construction project in future
budget requests. This information is to be provided on the form
1390. In addition, for all troop housing requests, the form
1391 is to show all sustainment, restoration, and modernization
conducted in the past two years and future requirements for
unaccompanied housing at the installation.
Family Housing Operation and Maintenance: Financial
Management.--The conferees agree to continue the restriction on
the transfer of funds between the family housing operation and
maintenance accounts. The limitation is ten percent to all
primary accounts and subaccounts. Such transfers are to be
reported to the appropriate Committees within thirty days of
such action.
Overseas Basing Master Plan.--The conferees support the
Senate direction for an overseas basing master plan, to be
submitted no later than April 1, 2002.
Pennsylvania: Joint-use Facility.--The conferees are
aware of the need to renovate four Guard and Reserve facilities
in Northeastern Pennsylvania and the benefits of consolidating
them into a joint-use facility. Therefore, the conferees
encourage the Department to make this project a priority and
program the requirement in the Future Years Defense Plan.
military construction, army
(including rescission)
The conference agreement appropriates $1,778,256,000 for
Military Construction, Army, instead of $1,739,334,000 as
proposed by the House, and $1,668,957,000 as proposed by the
Senate. Within this amount, the conference agreement earmarks
$163,198,000 for study, planning, design, architect and
engineer services, and host nation support instead of
$163,141,000 as proposed by the House and $176,184,000 as
proposed by the Senate. The conference agreement rescinds
$36,400,000 from funds appropriated for Military Construction,
Army under Public Law 106-52, as proposed by the House, instead
of $26,400,000 as proposed by the Senate.
military construction, navy
(including rescission)
The conference agreement appropriates $1,144,221,000 for
Military Construction, Navy, instead of $1,154,248,000 as
proposed by the House, and $1,148,633,000 as proposed by the
Senate. Within this amount, the conference agreement earmarks
$34,152,000 for study, planning, design, architect and engineer
services instead of $30,972,000 as proposed by the House and
$37,332,000 as proposed by the Senate. The conference agreement
rescinds $19,588,000 from funds appropriated for Military
Construction, Navy under Public Law 106-246, as proposed by the
House and Senate.
Texas: Kingsville Naval Air Station: Airfield Lighting.--
The conferees direct the Navy to accelerate design of this
project and to include the required construction funding in the
budget request for fiscal year 2003.
military construction, air force
(including rescission)
The conference agreement appropriates $1,194,880,000 for
Military Construction, Air Force, instead of $1,185,220,000 as
proposed by the House, and $1,148,269,000 as proposed by the
Senate. Within this amount, the conference agreement earmarks
$83,210,000 for study, planning, design, architect and engineer
services instead of $83,000,000 as proposed by the House and
$83,420,000 as proposed by the Senate. The conference agreement
rescinds $4,000,000 from funds appropriated for Military
Construction, Air Force under previous Military Construction
Appropriations Acts, as proposed by the Senate.
Nebraska--Offutt Air Force Base: Fire/Crash Rescue
Station.--The conferees direct the Air Force to accelerate
design of this project and to include the required construction
funding in the budget request for fiscal year 2003.
Wyoming--F.E. Warren Air Force Base: Storm Water Drainage
System.--The fiscal year 2001 Senate Report 106-290 included
funding of $10,300,000 for a Storm Water Drainage System
Project at F.E. Warren Air Force Base in Wyoming.
Unfortunately, funding constraints prohibited final action.
Storm water flooding remains a major problem at F.E. Warren Air
Force Base. The project will better manage and divert flood
waters on the installation. In addition, the project will
greatly decrease the amount of storm water leaving the base
which significantly impacts on the surrounding community. The
conferees agree that this project addresses an urgent, mission
critical, and safety requirement, and the Air Force is strongly
encouraged to include this project in the budget request for
fiscal year 2003.
Korea--Osan Air Base: Base Civil Engineer Complex.--The
conferees are concerned about the significant cost of replacing
current civil engineer facilities at Osan Air Base as proposed
in the fiscal year 2002 budget request. Although the conferees
support follow-on family housing projects envisioned for Osan
Air Base, they do not support funding for a robust civil
engineering complex without significant host nation
contribution. The conferees understand that the civil engineers
currently occupy land that will ultimately be used to build
family housing. Family housing is a direct quality of life
issue that will have a significant impact on the airmen and the
families assigned to the base. The conferees agree to provide
the Air Force $12,000,000 for the base civil engineer project
for site preparation and preliminary utilities requirements.
The conferees direct that any further funding requirements
related to this project be funded through host nation support.
military construction, defense-wide
(including transfer and rescissions of funds)
The conference agreement appropriates $840,558,000 for
Military Construction, Defense-wide, instead of $863,058,000 as
proposed by the House, and $881,058,000 as proposed by the
Senate. Within this amount, the conference agreement earmarks
$66,496,000 for study, planning, design, architect and engineer
services instead of $74,496,000 as proposed by the House and
$88,496,000 as proposed by the Senate. The conference agreement
rescinds $69,280,000 from funds appropriated for Military
Construction, Defense-wide under Public Law 106-246 and
previous Military Construction Appropriations Acts, as proposed
by the Senate, instead of $10,250,000 as proposed by the House.
Chemical Demilitarization: Defense Road Requirements.--
The conferees are concerned about the emergency preparedness
planning as part of the Chemical Demilitarization Program. Of
the funds made available in the ``Military Construction,
Defense-wide'' account, the Department may spend up to $300,000
to conduct a feasibility study on the requirements for defense
roads at the chemical demilitarization sites in the United
States to support emergency preparedness requirements.
Energy Conservation and Improvement Program.--The
conferees agree to provide a total of $27,000,000 for this
program. Of these funds, the conferees direct that $6,000,000
be used to conduct a service-wide assessment of renewable
energy alternatives at or near Department of Defense
installations, as described in detail in Senate Report 107-68.
Measurement and Signature Intelligence Facilities.--The
conferees have agreed to drop Senate report language which
allocated $10,000,000 for the planning and design of two
Measurement and Signature Intelligence (MASINT) facilities.
Military Construction, Army National Guard
The conference agreement appropriates $405,565,000 for
Military Construction, Army National Guard, instead of
$313,348,000 as proposed by the House, and $378,549,000 as
proposed by the Senate.
Arizona--Papago Park Military Reservation: Add/Alter
Readiness Center.--Although the conferees were unable to fund
this project due to funding constraints, the conferees strongly
urge the Army National Guard to include this project in its
fiscal year 2003 budget submission.
Weapons of Mass Destruction--Civil Support Teams.--Of the
funds provided for unspecified minor construction within the
``Military Construction, Army National Guard'' account, the
conferees direct that not less than $6,000,000 be made
available to directly support the completion of facilities for
WMD/CST locations.
Military Construction, Air National Guard
The conference agreement appropriates $253,386,000 for
Military Construction, Air National Guard, instead of
$198,803,000 as proposed by the House, and $222,767,000 as
proposed by the Senate.
Ohio--Mansfield Lahm Airport: Replace Vehicle Maintenance
Facility.--Although the conferees were unable to fund this
project due to funding constraints, the conferees strongly urge
the Air National Guard to include this project in its fiscal
year 2003 budget submission.
Military Construction, Army Reserve
The conference agreement appropriates $167,019,000 for
Military Construction, Army Reserve, instead of $167,769,000 as
proposed by the House, and $111,404,000 as proposed by the
Senate.
Military Construction, Naval Reserve
(Including Rescission)
The conference agreement appropriates $53,201,000 for
Military Construction, Naval Reserve, instead of $62,351,000 as
proposed by the House, and $33,641,000 as proposed by the
Senate. The conference agreement rescinds $925,000 from funds
appropriated for Military Construction, Naval Reserve under
Public Law 106-246, as proposed by the House and Senate.
Texas--Fort Worth Joint Reserve Base: Compartmented
Intelligence Facility.--In Senate Report 107-68, the
compartmented intelligence facility at Fort Worth Joint Reserve
Base was incorrectly identified as a Navy project. This project
should be executed with funds made available for unspecified
minor construction in the ``Military Construction, Naval
Reserve'' account.
Military Construction, Air Force Reserve
The conference agreement appropriates $74,857,000 for
Military Construction, Air Force Reserve, instead of
$81,882,000 as proposed by the House, and $53,732,000 as
proposed by the Senate.
Michigan--Selfridge Air National Guard Base: Alter
Command Post/Logistics Base.--In Senate Report 107-68, the
alter command post/logistics base project at Selfridge Air
National Guard Base was incorrectly identified as an Air
National Guard project. This project should be executed with
funds made available for unspecified minor construction in the
``Military Construction, Air Force Reserve'' account.
North Atlantic Treaty Organization Security Investment Program
The conference agreement appropriates $162,600,000 for
the North Atlantic Treaty Organization Security Investment
Program (NSIP), as proposed by the House and Senate.
family housing construction, army
The conference agreement appropriates $312,742,000 for
Family Housing Construction, Army, as proposed by the Senate,
instead of $294,042,000 as proposed by the House.
Family Housing Operation and Maintenance, Army
The conference agreement appropriates $1,089,573,000 for
Family Housing Operation and Maintenance, Army, instead of
$1,096,431,000 as proposed by the House and $1,108,991,000 as
proposed by the Senate.
District of Columbia-Fort McNair: General Officer
Quarters.--The Army has requested it be allowed to substitute
the renovation of Quarters 7 at Fort McNair, at a cost of
$700,000, in place of Quarters 3, as submitted in its budget
request for $1,200,000. The conferees agree with this
substitution. The conferees are encouraged by the Army's study
being performed by the National Association of Homebuilders to
refine and reduce the original cost projections for Fort
McNair's quarters, which appear too high. The conferees expect
the Army to use the most economical and cost-effective approach
toward renovating these historic quarters.
Family Housing Construction, Navy and Marine Corps
The conference agreement appropriates $331,780,000 for
Family Housing Construction, Navy and Marine Corps, instead of
$334,780,000 as proposed by the House and $312,600,000 as
proposed by the Senate.
The conferees direct that the following projects are to
be accomplished within the increased amount provided for
construction improvements:
District of Columbia: 8th and I Marine Barracks (2
units).............................................. $1,600,000
Hawaii: Barking Sands (69 units)........................ 11,840,000
Massachusetts: Westover Air Reserve Base (124 units).... 6,940,000
Family Housing Operation and Maintenance, Navy and Marine Corps
The conference agreement appropriates $910,095,000 for
Family Housing Operation and Maintenance, Navy and Marine
Corps, as proposed by the House, instead of $918,095,000 as
proposed by the Senate.
Family Housing Construction, Air Force
The conference agreement appropriates $550,703,000 for
Family Housing Construction, Air Force, as proposed by the
Senate, instead of $536,237,000 as proposed by the House.
The conferees direct that the following projects are to
be accomplished within the increased amount provided for
construction improvements:
Missouri: Whiteman AFB (164 units)...................... $17,966,000
South Carolina: Charleston AFB (32 units)............... 4,500,000
Family Housing Operation and Maintenance, Air Force
The conference agreement appropriates $844,715,000 for
Family Housing Operation and Maintenance, Air Force, instead of
$858,121,000 as proposed by the House and $869,121,000 as
proposed by the Senate.
Family Housing, Defense-wide
The conference agreement appropriates $44,012,000 for
Family Housing, Defense-wide, as proposed by the House and
Senate.
Department of Defense Family Housing Improvement Fund
The conference agreement provides $2,000,000 for the
Department of Defense Family Housing Improvement Fund, as
proposed by the House and Senate. Transfer authority is
provided for the execution of any qualifying project under
privatization authority, which resides in the Fund.
Housing Privatization Support Costs.--The conferees are
extremely concerned about the costs of consultants hired to
assist the services with the housing privatization initiative.
For example, the Army requested $27,918,000 and the Air Force
requested $35,402,000 to pay for consultants. Costs of this
magnitude are exorbitant, especially as neither the Army nor
Air Force has made sufficient progress in privatizing its
housing inventory. Therefore, the conferees agree to reduce
$7,918,000 from the ``Family Housing Operation and Maintenance,
Army'' account, and $13,402,000 from the ``Family Housing
Operation and Maintenance, Air Force'' account. Furthermore,
the conferees remind the services that these funds should be
spent on creating, analyzing and negotiating complex real
estate transactions--not on public relations or work that can
be done by the services' staff.
Homeowners Assistance Fund, Defense
The conference agreement appropriates $10,119,000 for the
Homeowners Assistance Fund, Defense, as proposed by the House
and Senate.
Base Realignment and Closure Account
The conference agreement appropriates $632,713,000 for
the Base Realignment and Closure Account, instead of
$552,713,000 as proposed by the House and $682,200,000 as
proposed by the Senate.
Environmental Remediation Shortfalls.--The conferees have
included a general provision (Section 131) directing the
Department of Defense to accurately reflect the cost of
environmental remediation activities in its future budget
submissions for Base Realignment and Closure (BRAC) funding.
The conferees note that the Navy and Air Force BRAC budget
requests for fiscal year 2002 were far below the level of
funding needed to meet urgent obligations.
The conferees have agreed to provide and fully offset
$100,513,000 over the budget request to fund environmental
remediation funding shortfalls in the Navy and AirForce BRAC
accounts. The conference provision includes $80,513,000 for the Navy
and $20,000,000 for the Air Force. The conferees note that the funding
shortfalls are the result of inadequate programming and budgeting
decisions on the part of the Navy and Air Force.
The conferees strongly believe that the Navy and Air
Force should bear the burden of making up these shortfalls.
Therefore, the funding to cover the BRAC environmental
remediation shortfalls is derived from the following sources: a
rescission of $19,588,000 from previously appropriated Navy
planning and design funds, a rescission of $925,000 from
previously appropriated Naval Reserve planning and design
funds, a $60,000,000 general reduction in the fiscal year 2002
``Military Construction, Navy'' account, and a $20,000,000
general reduction in the fiscal year 2002 ``Military
Construction, Air Force'' account. The conferees direct that no
item of congressional interest may be canceled or delayed as a
result of these general reductions.
In addition to the funds provided in this Act, the Navy
and Air Force are directed to allocate all unobligated balances
from previously appropriated BRAC funds to address their fiscal
year 2002 BRAC environmental remediation funding shortfall. The
conferees direct the services to program and budget for the
entire amount of their annual BRAC environmental remediation
obligations in future years, beginning with fiscal year 2003.
Failure to do so will force the congressional committees to
take proportionate reductions in specific military construction
projects or programs requested by the services.
General Provisions
The conference agreement includes general provisions
(Sections 101-120) that were not amended by either the House or
Senate in their versions of the bill.
The conference agreement includes a provision, Section
121, as proposed by the House, which prohibits the expenditure
of funds except in compliance with the Buy American Act. The
Senate bill contained no similar provision.
The conference agreement includes a provision, Section
122, as proposed by the House, which states the Sense of the
Congress that recipients of equipment or products authorized to
be purchased with financial assistance provided in this Act are
to be notified that they must purchase American-made equipment
and products. The Senate bill contained no similar provision.
The conference agreement includes a provision, Section
123, as proposed by the House and Senate, permitting the
transfer of funds from Family Housing, Construction accounts to
the DOD Family Housing Improvement Fund.
The conference agreement includes a provision renumbered
Section 124, as proposed by the House and the Senate, to
prohibit the use of funds in this Act to be obligated for
Partnership for Peace programs in the New Independent States of
the former Soviet Union.
The conference agreement includes a provision renumbered
Section 125, as proposed by the House and the Senate, which
requires the Secretary of Defense to notify Congressional
Committees sixty days prior to issuing a solicitation for a
contract with the private sector for military family housing.
The conference agreement includes a provision renumbered
Section 126, as proposed by the House and the Senate, which
provides transfer authority to the Homeowners Assistance
Program.
The conference agreement includes a provision renumbered
Section 127, as proposed by the Senate, regarding funding for
operation and maintenance of general officer quarters.
The conference agreement includes a provision renumbered
Section 128, as proposed by the Senate, which authorizes
$8,000,000 for a military construction project at Masirah
Island Airfield, Oman. The House bill contained a similar
provision.
The conference agreement includes a provision, Section
129, as proposed by the Senate, which requires the Secretary of
Defense to submit a master plan for the environmental
remediation of Hunters Point Naval Shipyard, California. The
House bill contained no similar provision.
The conference agreement includes a provision, Section
130, which rescinds $60,000,000 from the ``Foreign Currency
Fluctuations, Construction, Defense'' account.
The conference agreement includes a provision, Section
131, which directs the Department of Defense to accurately
reflect the cost of environmental restoration activities in its
future budget submissions for the Base Realignment and Closure
(BRAC) account.
The conference agreement includes a provision, Section
132, which reduces all accounts in the bill with the exception
of the ``NATO Security Investment Program''account and the
``Base Realignment and Closure'' account by 1.127 percent.
Those general provisions not included in the conference
agreement are as follows:
The conference agreement deletes the House provision
regarding family housing master plans.
The conference agreement deletes the Senate provision
regarding a defense road feasibility study at Pine Bluff
Arsenal, Arkansas.
CONFERENCE TOTAL--WITH COMPARISONS
The total new budget (obligational) authority for the
fiscal year 2002 recommended by the Committee of Conference,
with comparisons to the fiscal year 2001 amount, the 2002
budget estimates, and the House and Senate bills for 2002
follows:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2001... $8,936,498
Budget estimates of new (obligational) authority, fiscal
year 2002........................................... 9,971,312
House bill, fiscal year 2002............................ 10,500,000
Senate bill, fiscal year 2002........................... 10,500,000
Conference agreement, fiscal year 2002.................. 10,500,000
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2001.............................................. +1,563,502
Budget estimates of new (obligational) authority,
fiscal year 2002.................................. +528,688
House bill, fiscal year 2002........................
Senate bill, fiscal year 2002.......................
David L. Hobson,
James T. Walsh,
Dan Miller,
Robert B. Aderholt,
Kay Granger,
Virgil Goode, Jr.,
Joe Skeen,
David Vitter,
Bill Young,
John W. Olver,
Chet Edwards,
Sam Farr,
Allen Boyd,
Norman Dicks,
David Obey,
Managers on the Part of the House.
Dianne Feinstein,
Daniel K. Inouye,
Tim Johnson,
Mary Landrieu,
Harry Reid,
Robert C. Byrd,
Kay Bailey Hutchison,
Conrad Burns,
Larry E. Craig,
Mike DeWine,
Ted Stevens,
Managers on the Part of the Senate.