[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2904 Enrolled Bill (ENR)]
H.R.2904
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
Making appropriations for military construction, family housing, and
base realignment and closure for the Department of Defense for the
fiscal year ending September 30, 2002, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated for military construction, family housing, and base
realignment and closure functions administered by the Department of
Defense, for the fiscal year ending September 30, 2002, and for other
purposes, namely:
Military Construction, Army
(including rescission)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $1,778,256,000, to remain
available until September 30, 2006: Provided, That of this amount, not
to exceed $163,198,000 shall be available for study, planning, design,
architect and engineer services, and host nation support, as authorized
by law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of his determination and
the reasons therefor: Provided further, That of the funds appropriated
for ``Military Construction, Army'' under Public Law 106-52,
$36,400,000 are rescinded.
Military Construction, Navy
(including rescission)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy as currently authorized by law,
including personnel in the Naval Facilities Engineering Command and
other personal services necessary for the purposes of this
appropriation, $1,144,221,000, to remain available until September 30,
2006: Provided, That of this amount, not to exceed $34,152,000 shall be
available for study, planning, design, architect and engineer services,
as authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of his
determination and the reasons therefor: Provided further, That of the
funds appropriated for ``Military Construction, Navy'' under Public Law
106-246, $19,588,000 are rescinded.
Military Construction, Air Force
(including rescission)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $1,194,880,000, to remain available until September 30, 2006:
Provided, That of this amount, not to exceed $83,210,000 shall be
available for study, planning, design, architect and engineer services,
as authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of his
determination and the reasons therefor: Provided further, That of the
funds appropriated for ``Military Construction, Air Force'' under
previous Military Construction Appropriations Acts, $4,000,000 are
rescinded.
Military Construction, Defense-wide
(including transfer and rescissions of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$840,558,000, to remain available until September 30, 2006: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as he may designate, to be merged with and to be available for
the same purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That of the amount
appropriated, not to exceed $66,496,000 shall be available for study,
planning, design, architect and engineer services, as authorized by
law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of his determination and
the reasons therefor: Provided further, That of the funds appropriated
for ``Military Construction, Defense-wide'' under Public Law 106-246,
$65,280,000 are rescinded: Provided further, That of the funds
appropriated for ``Military Construction, Defense-wide'' under previous
Military Construction Appropriations Acts, $4,000,000 are rescinded.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $405,565,000, to remain available until September
30, 2006.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $253,386,000, to remain available until September
30, 2006.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $167,019,000, to
remain available until September 30, 2006.
Military Construction, Naval Reserve
(including rescission)
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $53,201,000, to remain available until September
30, 2006: Provided, That of the funds appropriated for ``Military
Construction, Naval Reserve'' under Public Law 106-246, $925,000 are
rescinded.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $74,857,000, to
remain available until September 30, 2006.
North Atlantic Treaty Organization Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized in
Military Construction Authorization Acts and section 2806 of title 10,
United States Code, $162,600,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension and
alteration, as authorized by law, $312,742,000, to remain available
until September 30, 2006.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $1,089,573,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension and alteration, as authorized by law, $331,780,000, to remain
available until September 30, 2006.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $910,095,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension and
alteration, as authorized by law, $550,703,000, to remain available
until September 30, 2006.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $844,715,000.
Family Housing, Defense-wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
construction, including acquisition, replacement, addition, expansion,
extension and alteration, and for operation and maintenance, leasing,
and minor construction, as authorized by law, as follows: for
Construction, $250,000 to remain available until September 30, 2006;
for Operation and Maintenance, $43,762,000; in all $44,012,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$2,000,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing, and supporting facilities.
Homeowners Assistance Fund, Defense
For the Homeowners Assistance Fund established by section 1013 of
the Demonstration Cities and Metropolitan Development Act of 1966, as
amended (42 U.S.C. 3374) $10,119,000, to remain available until
expended.
Base Realignment and Closure Account
For deposit into the Department of Defense Base Closure Account
1990 established by section 2906(a)(1) of the Department of Defense
Authorization Act, 1991 (Public Law 101-510), $632,713,000, to remain
available until expended.
GENERAL PROVISIONS

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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.

2ba848ab11c26ad2e5b4c9f24f5645431b97cc83f33ed0df51d8a05893b6dd3f

construction shall be available for hire of passenger motor vehicles.

b4e90eb803fed95f5fd136ff3a7fdc7a557b70ddcd924f56d39554e0f92fdc23

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.

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begin construction of new bases inside the continental United States
for which specific appropriations have not been made.

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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.

91c52d71a6d38f948d36823a82ad460fa38fb486f9320f4b7d63a64a76d6eae9

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.

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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.

25f5d6a4808a127f34f69c0733afaaf4a6a78613c309b2f280b61eac89e9d3c4

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.

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for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.

8058054b8a7dccd8e27b5282a9ae56fabb9debfe9af4ea644f45cdf8910592a3

Appropriations Acts may be used to initiate a new installation overseas
without prior notification to the Committees on Appropriations.

30898f07277d51ab9bd0e3d2efb0d14dfb7246797a65c4252d13d2573ae41b5e

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.

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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.

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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.

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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)

8a0ad4c9ede184db62f63f2d1bbcc98b0d51a8c5252b4971e8d72d128db55c39

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.

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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.

e93eec4252325e05cfee2d5b9779948876843e1e52e09c71c7e558e24583f195

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)

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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.

c092f090b8034e17bec4186eae6c4e0b168e32505d0f696acbe8ecdb49bccd22

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)

b262fc84b3bc2ecf113c6c4ecd3b3d0c9f5a37c70dfbf6096e872f072b88ce67

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.

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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'').

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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)

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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.

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Act may be obligated for Partnership for Peace Programs in the New
Independent States of the former Soviet Union.

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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)

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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.

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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.

1d44347ab7a8c2dfdaa38e4a6b7b8fd0226061534ef1d4472a303b81c3ec0f6c

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.

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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)

0ba74cc28b5410d2e68ff8740f259f4831b1e50c7a7bcf9afdcd377dcb0716c3

``Foreign Currency Fluctuations, Construction, Defense'' account,
$60,000,000 are rescinded.

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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).

1e13d7077b836e9b9a0d7d3df24e13435bb694b922b595ced3cd43f1704f1345

provisions of this Act, other than the amounts appropriated for the
accounts specified in subsection (c), is hereby reduced by 1.127
percent.
(b) The total amount of the reduction computed under subsection (a)
shall be allocated proportionally among all of the budget activities,
activity groups, and subactivity groups and among all of the accounts
and all of the programs, projects, and activities within each account,
except for the accounts specified in subsection (c).
(c) No reduction shall be allocated under this section to the Base
Realignment and Closure Account, or to the North Atlantic Treaty
Organization Security Investment Program.
This Act may be cited as the ``Military Construction Appropriations
Act, 2002''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

e91a0468a48a88ea31b4eb3d05aa5f477f633ab99348b4e1e105fc4a82f33280

Military Construction Appropriations Act, 2002

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