75 718
107 th 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Army'' under Public Law 106 52, $36,400,000 are rescinded.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 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''.
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 Air
Force 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.
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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:
+1,563,502
+528,688
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.
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