[House Report 105-647]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-647
_______________________________________________________________________
MAKING APPROPRIATIONS FOR MILITARY CONSTRUCTION, FAMILY HOUSING, AND
BASE REALIGNMENT AND CLOSURE FOR THE DEPARTMENT OF DEFENSE FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1999, AND FOR OTHER PURPOSES
_______
July 24, 1998.--Ordered to be printed
_______________________________________________________________________
Mr. Packard, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 4059]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
4059) ``making appropriations for military construction, family
housing, and base realignment and closure for the Department of
Defense for the fiscal year ending September 30, 1999, 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, 1999, and for other purposes,
namely:
Military Construction, Army
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, $868,726,000, to remain available until
September 30, 2003: Provided, That of this amount, not to
exceed $64,269,000 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.
Military Construction, Navy
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, $604,593,000, to remain
available until September 30, 2003: Provided, That of this
amount, not to exceed $60,846,000 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.
Military Construction, Air Force
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, $615,809,000, to remain available until
September 30, 2003: Provided, That of this amount, not to
exceed $38,092,000 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.
Military Construction, Defense-wide
(including transfer 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, $553,114,000, to
remain available until September 30, 2003: 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 $26,005,000 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.
Department of Defense Military Unaccompanied Housing Improvement Fund
(rescission of funds)
Of the funds appropriated for ``Department of Defense
Military Unaccompanied Housing Improvement Fund'' under Public
Law 104-196, $5,000,000 is hereby 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,
$142,403,000, to remain available until September 30, 2003.
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,
$169,801,000, to remain available until September 30, 2003.
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, $102,119,000, to remain available until
September 30, 2003.
Military Construction, Naval Reserve
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,
$31,621,000, to remain available until September 30, 2003.
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, $34,371,000, to remain
available until September 30, 2003.
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, $154,000,000, to remain available until
expended.
Family Housing, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension and alteration and for operation and
maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, as follows: for Construction,
$135,290,000, to remain available until September 30, 2003; for
Operation and Maintenance, and for debt payment,
$1,094,697,000; in all $1,229,987,000.
Family Housing, 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 and for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, as follows: for Construction,
$295,590,000, to remain available until September 30, 2003; for
Operation and Maintenance, and for debt payment, $912,293,000;
in all $1,207,883,000.
Family Housing, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension and alteration and for operation and
maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, as follows: for Construction,
$280,965,000, to remain available until September 30, 2003; for
Operation and Maintenance, and for debt payment, $783,204,000;
in all $1,064,169,000.
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, $345,000,
to remain available until September 30, 2003; for Operation and
Maintenance, $36,899,000; in all $37,244,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $2,000,000, to remain available until expended, as the
sole source of funds for planning, administrative, and
oversight costs incurred by the Housing Revitalization Support
Office relating to military family housing initiatives
undertaken pursuant to 10 U.S.C. 2883, pertaining to
alternative means of acquiring and improving military family
housing and supporting facilities.
Base Realignment and Closure Account, Part III
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), $427,164,000, to remain available until expended:
Provided, That not more than $271,800,000 of the funds
appropriated herein shall be available solely for environmental
restoration, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and
notifies theCommittees on Appropriations of both Houses of
Congress of his determination and the reasons therefor.
Base Realignment and Closure Account, Part IV
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), $1,203,738,000, to remain available until expended:
Provided, That not more than $426,036,000 of the funds
appropriated herein shall be available solely for environmental
restoration, 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.
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; or (2) purchases
negotiated by the Attorney General or his designee; or (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 Gulf, 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
Gulf, 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 thirty 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 two 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 five-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 Gulf 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. 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'').
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 assistanceshould, 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 thirty 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
or to provide support for non-NATO countries.
Sec. 125. Payments received by the Secretary of the Navy
pursuant to subsection (b)(1) of section 2842 of the National
Defense Authorization Act, 1993 (Public Law 102-484) are
appropriated and shall be available for the purpose authorized
in subsection (d) of that section.
Sec. 126. (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 National Security and the
Military Construction Subcommittee, Committee on
Appropriations of the House of Representatives.
(transfer of funds)
Sec. 127. 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. 128. It is the sense of the Congress that the
Secretary of the Army should name the ``All American Parkway''
at Fort Bragg, North Carolina, as the ``W.G. `Bill' Hefner All
American Parkway''.
This Act may be cited as the ``Military Construction
Appropriations Act, 1999''.
And the Senate agree to the same.
Ron Packard,
John Edward Porter,
David L. Hobson,
Roger F. Wicker,
Jack Kingston,
Mike Parker,
Todd Tiahrt,
Zach Wamp,
Bob Livingston,
W.G. (Bill) Hefner,
John W. Olver,
Chet Edwards,
Bud Cramer,
Norman Dicks,
David Obey,
Managers on the Part of the House.
Conrad Burns,
Kay Bailey Hutchison,
Lauch Faircloth,
Larry E. Craig,
Ted Stevens,
Patty Murray,
Harry Reid,
Daniel K. Inouye,
Robert C. Byrd,
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. 4059) making
appropriations for the Department of Defense for the fiscal
year ending September 30, 1999, 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. 2160). 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 105-578 and Senate
Report 105-213 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 general
reductions included in the conference agreement are based on
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 cancelled as a result of
general reductions included in the conference agreement.
The conference agreement includes reductions totaling
$21,300,000 which result from re-estimation of inflation
undertaken by the Office of Management and Budget as part of
the mid-session review of the budget request. The conferees
direct the Department to distribute these reductions
proportionally against each project and activity in each
account, as follows:
Reductions resulting from economic assumptions in OMB's mid-session
review of the budget request
Account Amount
Military Construction, Army............................. $2,000,000
Military Construction, Navy............................. 1,000,000
Military Construction, Air Force........................ 1,000,000
Military Construction, Defense-wide..................... 1,300,000
NATO Security Investment Program........................ 1,000,000
Family Housing Operations, Army......................... 3,000,000
Family Housing Construction, Navy....................... 1,000,000
Family Housing Operations, Navy......................... 3,000,000
Family Housing Construction, Air Force.................. 1,000,000
Family Housing Operations, Air Force.................... 2,000,000
Base Realignment and Closure, Part III.................. 2,000,000
Base Realignment and Closure, Part IV................... 3,000,000
--------------------------------------------------------
------ -____________________________________________
$21,300,000
Real Property Maintenance: Reporting Requirement.--The
conferees agree to the following general rules for repairing a
facility under Operation and Maintenance account funding:
Components of the facility may be repaired by
replacement, and such replacement can be up to current
standards or codes.
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 submit a 21-day
notification prior to carrying out any repair project with an
estimated cost in excess of $10,000,000.
Military Construction, Army
The conference agreement appropriates $868,726,000 for
Military Construction, Army, instead of $780,599,000 as
proposed by the House, and $810,476,000 as proposed by the
Senate. Within this amount, the conference agreement earmarks
$64,269,000 for study, planning, design, architect and engineer
services, and host nation support instead of $63,792,000 as
proposed by the House and $67,269,000 as proposed by the
Senate.
Kentucky--Fort Campbell: Sabre Heliport.--The conferees
recognize the critical importance of the Sabre Heliport to
military operations at Fort Campbell and understand that this
facility needs essential renovations in order to operate both
safely and efficiently. The U.S. Army Aeronautical Services
Agency (USAASA) has issued a temporary waiver that allows the
facility to continue normal operations until April 2001.
Accordingly, the conferees direct the Secretary of the Army to
report to the congressional defense committees not later than
January 15, 1999, on their plan and timetable to make the
necessary airfield improvements.
New York--Fort Drum: Consolidated Soldier/Family Support
Center.--The conferees have deferred funding for this project,
without prejudice, and the Army is encouraged to include this
project in the budget request for fiscal year 2000.
Unspecified Minor Construction.--Within the increased
funds appropriated above the budget request for Army,
Unspecified Minor Construction, the Army is directed to provide
the needed athletic facilities, such as ball fields and a
running track, at Camp McGovern, Bosnia-Herzegovina.
Military Construction, Navy
The conference agreement appropriates $604,593,000 for
Military Construction, Navy, instead of $570,643,000 as
proposed by the House, and $565,030,000 as proposed by the
Senate. Within this amount, the conference agreement earmarks
$60,846,000 for study, planning, design, architect and engineer
services instead of $60,346,000 as proposed by the House and
$62,146,000 as proposed by the Senate.
Florida--Key West Naval Air Station: Compatible Use
Easements.--The conferees direct the Navy to report on the need
for continuation of existing compatible use easements which
prevent construction of facilities on privately owned land in
connection with the operation of the Key West Naval Air
Station. This report is to be submitted within 30 days of
enactment of this Act.
Military Construction, Air Force
The conference agreement appropriates $615,809,000 for
Military Construction, Air Force, instead of $550,475,000 as
proposed by the House, and $627,874,000 as proposed by the
Senate. Within this amount, the conference agreement
earmarks$38,092,000 for study, planning, design, architect and engineer
services instead of $37,592,000 as proposed by the House and
$39,522,000 as proposed by the Senate.
California--Beale AFB: Flightline Fire Station.--The
conferees direct the Air Force to accelerate design and to
include this project in the budget request for fiscal year
2000.
Kansas--McConnell AFB: KC-135 Squadron Operations/
Aircraft Maintenance Unit #3.--The conferees direct the Air
Force to accelerate design and to include this project in the
budget request for fiscal year 2000.
-New York--Rome Labs: Consolidated Intelligence and
Reconnaissance Laboratory.--The conferees direct the Air Force
to accelerate the design of the Consolidated Intelligence and
Reconnaissance Research Site at the Department's Rome
Laboratory in New York and include this project in its fiscal
year 2000 Military Construction budget request.
Military Construction, Defense-wide
The conference agreement appropriates $553,114,000 for
Military Construction, Defense-wide, instead of $611,075,000 as
proposed by the House, and $571,485,000 as proposed by the
Senate. Within this amount, the conference agreement earmarks
$26,005,000 for study, planning, design, architect and engineer
services instead of $24,866,000 as proposed by the House and
$25,066,000 as proposed by the Senate.
Chemical Demilitarization Program.--The conference
agreement includes full funding of all requested projects
related to the chemical demilitarization program, and also
includes a general reduction of $50,500,000 against the entire
program based on unobligated prior year funds, delays in
obtaining the required environmental and construction permits,
and possible delays in equipment delivery.
Energy Conservation Investment Program.--In future budget
submissions, the conferees expect project-level information on
the Energy Conservation Investment Program (ECIP) to be
presented in tabular form, rather than in Form 1391 detail.
Military Unaccompanied Housing Improvement Fund
Military Unaccompanied Housing Improvement Fund.--The
conferees agree to rescind $5,000,000 from the Military
Unaccompanied Housing Improvement Fund. The House and Senate
bills had no similar provision. This rescinds the full
unobligated balance of funds, due to the absence of any
programmed or anticipated projects under this account.
Military Construction, Army National Guard
The conference agreement appropriates $142,403,000 for
Military Construction, Army National Guard, instead of
$70,338,000 as proposed by the House, and $124,599,000 as
proposed by the Senate.
Iowa--Camp Dodge: Damaged and Destroyed Facilities.--The
conferees direct the National Guard Bureau to report on tornado
and wind damage sustained on June 29, 1998. This report is to
be submitted within 30 days of enactment of this Act, and is to
include an assessment of requirements for repair and
replacement.
Montana--Fort Harrison: Sewer System.--The conferees
agree to grant the Army National Guard reprogramming approval
up to the amount of $1,200,000 to cover the Army National
Guard's contribution for connecting the Fort Harrison complex
to the city sewer system, subject to approval of the proposed
source of funds.
Montana--Helena: Armed Forces Reserve Center.--The
conferees direct that the total funding provided for this
facility shall include the purchase and installation of
prewired workstations and furnishings.
North Carolina--Fort Bragg: Military Education
Facility.--The conferees recognize the importance of the
Military Education Facility to the Army National Guard and
direct the National Guard Bureau to begin the planning and
design and site preparation for this National Guard facility.
The conferees direct the Department to include this project in
the Future Year Defense Plan (FYDP).
Military Construction, Air National Guard
The conference agreement appropriates $169,801,000 for
Military Construction, Air National Guard, instead of
$97,701,000 as proposed by the House, and $163,161,000 as
proposed by the Senate.
California--Moffett Federal Airfield: Composite
Maintenance Hangar.--The conferees acknowledge the urgent and
compelling need to replace the existing World War II facility
at Moffett Federal Airfield and encourage the Department to
include this project in the fiscal year 2000 budget request.
Georgia--Savannah IAP: Composite Support Complex.--The
conferees direct the Air National Guard to include this project
in the budget request for fiscal year 2000, as programmed in
the Future Year Defense Plan submitted in support of the fiscal
year 1999 budget.
Military Construction, Army Reserve
The conference agreement appropriates $102,119,000 for
Military Construction, Army Reserve, instead of $71,894,000 as
proposed by the House, and $114,349,000 as proposed by the
Senate.
Utah--Salt Lake City: U.S. Army Reserve Center (Phase
II).--The conferees agree to provide $5,076,000 as the second
and final funding phase for a U.S. Army Reserve Center/
Organizational Maintenance Shop/Direct Support--General Support
Facilities/Equipment Concentration Site. Together with
$12,714,000 appropriated in fiscal year 1998 as the first
funding phase, this provides a total of $17,790,000 for this
project.
Military Construction, Naval Reserve
The conference agreement appropriates $31,621,000 for
Military Construction, Naval Reserve, instead of $33,721,000 as
proposed by the House, and $21,621,000 as proposed by the
Senate.
Military Construction, Air Force Reserve
The conference agreement appropriates $34,371,000 for
Military Construction, Air Force Reserve, instead of
$35,371,000 as proposed by the House, and $22,835,000 as
proposed by the Senate.
North Atlantic Treaty Organization Security Investment Program
The conference agreement appropriates $154,000,000 for
the North Atlantic Treaty Organization Security Investment
Program (NSIP), instead of $169,000,000 as proposed by the
House, and $152,600,000 as proposed by the Senate.
North Atlantic Treaty Organization Security Investment
Program Funds.--The conferees agree to a provision renumbered
Section 124, proposed by the Senate, whichprohibits the use of
NSIP funds for any aspect of the Partnership for Peace Program or
support to non-NATO countries. The President's budget request for
fiscal year 1999 included $56,900,000 for the Department of Defense and
an additional $80,000,000 of foreign military financing, administered
by the Department of State, for the Partnership for Peace Program. The
proposed funding level should provide sufficient resources for any
expansion initiatives anticipated by the Administration.
Family Housing--Overview
Reprogramming Criteria.--The reprogramming criteria that
apply to military construction projects (25 percent of the
funded amount or $2,000,000, whichever is less) also apply to
new housing construction projects and to improvement projects
over $2,000,000.
Family Housing Operation and Maintenance.--The conferees
direct that the details of all expenditures from the Family
Housing Operation and Maintenance accounts which exceed $20,000
per unit, per year for major maintenance and repair of non-
general and flag officer quarters be included as part of the
budget justification material.
Exclusion of Costs Associated with Environmental Hazard
Remediation from Maintenance and Repair Limits.--The conferees
revise the requirement for an after-the-fact notification for
projects when the costs associated with environmental hazard
remediation such as asbestos removal, radon abatement, lead-
based paint removal or abatement, and any other legislated
environmental hazard remediation cause the maintenance and
repair thresholds of $20,000 for a military family housing
unit, or $25,000 for a General or Flag Officer Quarter to be
exceeded. The notification shall include work, scope, cost
break-out and other details pertinent to the environmental
hazard remediation and shall be reported on a semi-annual
basis. An after-the-fact notification is acceptable provided
that such remediation requirements could not be reasonably
anticipated at the time of the budget submission. This
exclusion applies to projects appropriated in this budget year,
and also projects appropriated in prior years for which
construction contracts have not been completed.
Family Housing, Army
The conference agreement appropriates $135,290,000 for
Construction, Family Housing, Army, instead of $82,840,000 as
proposed by the House and $124,490,000 as proposed by the
Senate.
The conferees direct that the following projects are to
be accomplished within the increased amount provided for
construction improvements:
Alaska-Fort Richardson (40 units)....................... $7,400,000
Kentucky-Fort Campbell (104 units)...................... 8,800,000
New Mexico-White Sands Missile Range (36 units)......... 3,650,000
The conference agreement appropriates $1,094,697,000 for
Operation and Maintenance, Family Housing, Army, instead of
$1,097,697,000 as proposed by the House and $1,104,733,000 as
proposed by the Senate.
The conference agreement appropriates a total of
$1,229,987,000 for Family Housing, Army, instead of
$1,180,537,000 as proposed by the House and $1,229,223,000 as
proposed by the Senate.
Family Housing, Navy and Marine Corps
The conference agreement appropriates $295,590,000 for
Construction, Family Housing, Navy and Marine Corps, instead of
$130,457,000 as proposed by the House and $286,590,000 as
proposed by the Senate.
The conferees direct that the following projects are to
be accomplished within the increased amount provided for
construction improvements:
California--Camp Pendleton (171 units).................. $10,000,000
Washington--Whidbey Island NAS (80 units)............... 5,800,000
The conference agreement appropriates $912,293,000 for
Operation and Maintenance, Family Housing, Navy and Marine
Corps, instead of $915,293,000 as proposed by the House and
Senate.
The conference agreement appropriates a total of
$1,207,883,000 for Family Housing, Navy and Marine Corps,
instead of $1,045,750,000 as proposed by the House and
$1,201,883,000 as proposed by the Senate.
Washington--Naval Station Puget Sound, Everett: Real
Property Conveyance.--Section 125 of this Act provides an
appropriation of $6,000,000 in proceeds from the sale of land
and family housing units at Paine Field. This funding shall be
used for the acquisition of land and/or housing units in the
vicinity of, or for, Naval Station Everett as authorized in
Section 2842 of Public Law 102-484.
Family Housing, Air Force
The conference agreement appropriates $280,965,000 for
Construction, Family Housing, Air Force, instead of
$207,880,000 as proposed by the House and $297,475,000 as
proposed by the Senate.
The conferees direct that the following projects are to
be accomplished within the increased amount provided for
construction improvements:
Georgia--Moody AFB (68 units)........................... $5,220,000
North Carolina--Seymour Johnson AFB (70 units).......... 8,000,000
South Carolina--Charleston AFB (94 units)............... 9,110,000
The conference agreement appropriates $783,204,000 for
Operation and Maintenance, Family Housing, Air Force, instead
of $785,204,000 as proposed by the House and $789,995,000 as
proposed by the Senate.
The conference agreement appropriates a total of
$1,064,169,000 for Family Housing, Air Force, instead of
$993,084,000 as proposed by the House and $1,087,470,000 as
proposed by the Senate.
Family Housing, Defense-wide
The conference agreement appropriates $345,000 for
Construction, Family Housing, Defense-wide, as proposed by the
House and Senate.
The conference agreement appropriates $36,899,000 for
Operation and Maintenance, Family Housing, Defense-wide, as
proposed by the House and Senate.
The conference agreement appropriates a total of
$37,244,000 for Family Housing, Defense-wide, as proposed by
the House and Senate.-
Department of Defense Family Housing Improvement Fund
The conference agreement appropriates $2,000,000 for the
Department of Defense Family Housing Improvement Fund instead
of $242,438,000 as proposed by the House and $7,000,000 as
proposed by the Senate. The reduction from the level proposed
by the House reflects full funding of construction projects and
construction improvement projects in the traditional family
housing accounts, rather than in the Family Housing Improvement
Fund. Transfer authority is provided for the execution of any
qualifying project under privatization authority which resides
in the Fund.
The conferees note that the Housing Revitalization
Support Office (HRSO) proposed to expend 90 percent of the
$7,000,000 budget request for consultant support.Further, HRSO
will expend $14,150,000 for consultant support for fiscal years 1996
through 1998, which represents 90 percent of all resources available
for HRSO overhead. These expenditures for consultant services have not
produced any contracts awarded under the 1996 privatization
authorities. -
The conferees support the Department's privatization
efforts, and recommend an appropriation of $2,000,000 based on
available balances and excessive allocation for consultant
services. -
The conferees continue to be concerned over the delay in
execution of family housing construction projects for which
funds have been appropriated, for possible privatization
efforts. The new authorities were signed into law in February
1996, yet no new agreements have been finalized to build or
renovate military family housing. Several projects are being
considered, yet only one project, at Lackland AFB, is close to
contract signing. The conferees strongly believe that the
Department needs to use all available tools to address the
family housing program in an optimum manner. This includes the
traditional construction program, privatization, and adequate
use of existing private sector housing. The conferees remind
the Department that Congress approved the new privatization
authorities as a pilot project, and that these authorities will
expire on February 10, 2001. It was never the intent of the
House and Senate Appropriations Committees for this program to
become a substitute for the traditional housing construction
program. -
The conferees direct the Office of the Under Secretary of
Defense for Acquisition and Technology to carefully review the
planned privatization efforts and narrow the scope to a
reasonable number of projects which may be executed prior to
the expiration of the pilot project authority. The conferees
expect to be notified on October 1, 1998, of a revised, scaled-
back, reasonable plan for the privatization effort. In
addition, the conferees anticipate that all prior year
appropriated family housing construction projects which have
been placed on hold will be released for construction at that
time, unless specific justification is provided to Congress.
Following the October 1st report, the Department is expected to
report quarterly to the House and Senate Appropriations
Committees on the status of all privatization efforts and the
status of all family housing construction and construction
improvement projects for which funds have been appropriated. -
The conferees direct the Department to display all family
housing construction and construction improvement projects
which are anticipated for privatization as such in the fiscal
year 2000 budget. This display should include a detailed plan
of the time frame for execution of each privatization effort.-
In addition, the Secretary of Defense is directed to
report to the House and Senate Committees on Appropriations by
December 1, 1998, on an integrated family housing strategy for
the Department of Defense. This strategy should focus on the
maximum use of existing civilian housing, the use of enhanced
housing referral services, coordination of housing allowances,
and appropriate use of privatization and traditional
construction options. In particular, this report should include
a detailed plan for integrating the DOD offices which have
responsibilities for the military's family housing program.
Responsibility for privatization and for construction,
operation and maintenance lies with the Under Secretary of
Defense for Acquisition and Technology. Appropriations for
military-owned and leased family housing are included in the
Services' family housingaccounts. Responsibility for housing
allowances is under the Under Secretary for Defense for Personnel and
Readiness, and housing allowances are included in the Services'
military personnel accounts. The conferees are concerned that
privatization shifts funding from military family housing construction,
operations, and maintenance accounts to military personnel accounts to
pay for increased housing allowances, which are used to pay rent to
developers of privatized housing. The conferees believe that this is
not being coordinated by the Department, nor is it being budgeted for
adequately. The conferees believe that in order to have a truly
integrated family housing policy, these functions need to be overseen
by one office within the Department.-
The conferees request the Comptroller General to monitor
the progress of the Department of Defense's and individual
Services' implementation of the family housing privatization
initiative. The monitoring of the program shall include, but
not be limited to, obtaining information on the status of
family housing projects, reviewing life-cycle costs analyses
for projects, and determining whether the privatization
initiative is being integrated and coordinated with the
Department's other family housing programs. The conferees
request that the Comptroller General keep the House and Senate
Committees on Appropriations apprised of the progress and
submit a report to the Congress no later than March 31, 2000.
Homeowners Assistance Fund, Defense-
The conference agreement appropriates no funds for the
Homeowners Assistance Fund, Defense instead of $7,500,000 as
proposed by the House and $12,800,000 as proposed by the
Senate. -
The conferees have included a new provision, Section 127,
as proposed by the Senate, which allows the transfer of funds
from the Base Realignment and Closure account into the
Homeowners Assistance Fund, Defense. Any amounts transferred
into the fund shall be available to pay for expenses associated
with the program. Due to this transfer authority, the conferees
believe a direct appropriation to this account for fiscal year
1999 is not necessary. The total estimated requirements for
fiscal year 1999 are estimated at $109,735,000 and will be
funded with transfer of appropriated funds, revenue from sales
of acquired property and prior year unobligated balances. The
Comptroller of the Department of Defense is to notify the House
and Senate Subcommittees on Military Construction twenty-one
days prior to the use of the transfer authority.
Base Realignment and Closure--Overview-
Construction Projects: Administrative Provision.--The
conferees agree that any transfer of funds which exceeds
reprogramming thresholds for any construction project financed
by any Base Realignment and Closure Account shall be subject to
a 21-day notification to the Committees, and shall not be
subject to reprogramming procedure.-
Construction Budget Data.--The conferees are concerned
about the accuracy and reliability of the base realignment and
closure (BRAC) construction budget data provided annually to
the Congress. The Office of the Department of Defense Inspector
General and the General Accounting Office recently found that
the Services submitted BRAC military construction data in the
fiscal years 1997 and 1998 military construction budgets based
on overstated requirements and unsupported specifications and
costs. They also found that the major commands of the Services
did not effectively implementmanagement control procedures
established for the BRAC military construction planning, programming
and budgeting process. This has resulted in overstated and invalid BRAC
requirements and lack of supporting documentation. The conferees direct
the Department to take the necessary corrective action to ensure that
these deficiencies are corrected in the fiscal year 2000 budget
submission.
Future Costs of Environmental Restoration.--The conferees
direct the Department of Defense to submit a legislative
proposal for the establishment of a Treasury account entitled
``Base Realignment and Closure Environmental Restoration'',
rather than budgeting for future costs in the Operation and
Maintenance accounts. The conferees direct that future costs
for environmental restoration related to the four rounds of
base closure conducted from 1988 through 1995 shall be
programmed and budgeted in this new account.
Base Realignment and Closure Account, Part III
The conference agreement appropriates $427,164,000 for
the Base Realignment and Closure Account, Part III instead of
$433,464,000 as proposed by the House and Senate. Within the
amount appropriated, the conference agreement earmarks
$271,800,000 for environmental restoration, as proposed by the
House and Senate.
Reprogramming Action.--The Committees have approved a
reprogramming request which accelerated one construction
project from fiscal year 1999 to fiscal year 1998, allowing the
program to absorb a reduction of $4,300,000 from the budget
request.
Revised Economic Assumptions.--As described earlier in
this report, the conferees recommend a reduction of $2,000,000
from the budget request based on reestimation of inflation.
Base Realignment and Closure Account, Part IV
The conference agreement appropriates $1,203,738,000 for
the Base Realignment and Closure Account, Part IV instead of
$1,297,240,000 as proposed by the House and Senate. Within the
amount appropriated, the conference agreement earmarks
$426,036,000 for environmental restoration, as proposed by the
House and Senate.
Reprogramming Actions.--The Committees have approved
reprogramming requests which accelerated four construction
projects from fiscal year 1999 to fiscal year 1998, allowing
the program to absorb a reduction of $28,802,000 from the
budget request.
Revised Economic Assumptions.--As described earlier in
this report, the conferees recommend a reduction of $3,000,000
from the budget request based on reestimation of inflation.
Unreported Proceeds.--The Services have collected
$35,700,000 more in proceeds from land sales and leases at
closing or realigning bases than reported in the fiscal year
1999 budget request. Statutes and Department of Defense
guidance state that proceeds from the transfer, lease, or
disposal of property due to the Base Realignment and Closure
process shall be deposited into the Base Closure Accounts. The
conferees understand that, because such proceeds were collected
after the development of the budget, the Air Force did not
report $21,000,000 worth of proceeds, the Army did not report
$3,900,000, and the Navy did not report $10,800,000. The
conferees direct the Services to deposit these proceeds into
the Base Realignment and Closure Account, and have reduced the
Base Realignment and Closure Account, Part IV fiscal year 1999
appropriation by $35,700,000 to reflect this action.
Funds Previously Withheld.--The conferees recommend a
reduction of $26,000,000 to the Base Realignment and Closure
Account, Part IV. This reduction is based on funds that were
previously withheld from obligation based on an inflation rate
that was lower than expected. At the time the fiscal year 1999
budget was submitted to Congress, these funds were withheld
from obligation, but have subsequently been made available.
Thus, the budget request is overstated by $26,000,000.
Kentucky--Louisville Naval Ordnance Station:
Environmental Restoration.--The conferees urge the Navy to
pursue the feasibility for use of bioremediation technologies
(such as treatment by microbes and plants) for cleanup of sub-
surface contamination of soils and groundwater, and to utilize
such technologies if they are proven to be cost-effective.
General Provisions
The conference agreement includes general provisions that
were in both the House and Senate versions of the bill that
were not amended.
The conference agreement includes Section 101, as
proposed by the House, prohibiting the expenditure of funds for
payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceeded $25,000, to be
performed within the United States, except Alaska, without the
specific approval in writing of the Secretary of Defense,
instead of similar language as proposed by the Senate.
The conference agreement includes Section 105, as
proposed by the House, which makes a technical correction to
the word ``per centum'', instead of language as proposed by the
Senate.
The conference agreement includes Section 112 as proposed
by the House, which makes a technical correction to the word
``per centum'', instead of language as proposed by the Senate.
The conference agreement includes Section 114, as
proposed by the House, which makes a technical correction to
the word ``per centum'', instead of language as proposed by the
Senate.
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 notifying recipients of equipment or products
authorized to be purchased with financial assistance provided
in this Act to purchase American-made equipment and products.
The Senate bill contained no similar provision.
The conference agreement includes a provision renumbered
Section 123, as proposed by the Senate, permitting the transfer
of funds from Family Housing, Construction accounts to the DOD
Family Housing Improvement Fund, instead of language as
proposed by the House.
The conference agreement includes a provision renumbered
Section 124, as proposed by the Senate, stating that none of
the funds appropriated or made available by this Act may be
obligated for Partnership for Peace Programs or to provide
support for non-NATO countries.
The conference agreement includes a provision renumbered
Section 127, as proposed by the Senate, providing transfer
authority from the Base Realignment and Closure (BRAC) accounts
to the Homeowners Assistance Program (HAP). The House bill
contained no similar provision.
The conference agreement includes a provision renumbered
Section 128, as proposed by the House, stating that it is the
sense of the Congress that the Secretary of the Army should
name the ``All American Parkway'' at Fort Bragg, North
Carolina, as the ``W.G. ``Bill'' Hefner All American Parkway''.
Those general provisions that were not included in the
conference agreement follow:
The conference agreement deletes the Senate provision
stating that the sole source of funds for planning,
administrative, and oversight costs incurred by the Housing
Revitalization Support Office must come from the DOD Family
Housing Improvement Fund. This provision is included in the
appropriations paragraph for the ``Department of Defense Family
Housing Improvement Fund'' as proposed in the House bill.
The conference agreement deletes the Senate provision
increasing the ``Military Construction, Army National Guard''
appropriation and decreasing the ``Military Construction, Army
Reserve'' appropriation. The House bill contained no similar
provision.
The conference agreement deletes the Senate provision
increasing the ``Military Construction, Navy'' appropriation
and the ``Family Housing, Air Force'' appropriation and
decreasing the ``Military Construction, Defense-wide''
appropriation. The House bill contained no similar provision.
conference total--with comparisons
The total new budget (obligational) authority for the
fiscal year 1999 recommended by the Committee of Conference,
with comparisons to the fiscal year 1998 amount, the 1999
budget estimates, and the House and Senate bills for 1999
follow:
New budget (obligational) authority, fiscal year 1998... $9,208,468,000
Budget estimates of new (obligational) authority, fiscal
year 1999........................................... 7,784,074,000
House bill, fiscal year 1999............................ 8,234,074,000
Senate bill, fiscal year 1999........................... 8,480,574,000
Conference agreement, fiscal year 1999.................. 8,449,742,000
Conference agreement compared with:
New budget (obligational) authority, fiscal year
1998.............................................. -758,726,000
Budget estimates of new (obligational) authority,
fiscal year 1999.................................. +665,668,000
House bill, fiscal year 1999........................ +215,668,000
Senate bill, fiscal year 1999....................... -30,832,000
Ron Packard,
John Edward Porter,
David L. Hobson,
Roger F. Wicker,
Jack Kingston,
Mike Parker,
Todd Tiahrt,
Zach Wamp,
Bob Livingston,
W.G. (Bill) Hefner,
John W. Olver,
Chet Edwards,
Bud Cramer,
Norman Dicks,
David Obey,
Managers on the Part of the House.
Conrad Burns,
Kay Bailey Hutchison,
Lauch Faircloth,
Larry E. Craig,
Ted Stevens,
Patty Murray,
Harry Reid,
Daniel K. Inouye,
Robert C. Byrd,
Managers on the Part of the Senate.