[107th Congress Public Law 64]
[From the U.S. Government Printing Office]
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MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2002
[[Page 115 STAT. 474]]
Public Law 107-64
107th Congress
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. <<NOTE: Nov. 5, 2001 - [H.R. 2904]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Military
Construction Appropriations Act, 2002.>> 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Army'' under Public Law 106-52, $36,400,000 are rescinded.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
[[Page 115 STAT. 475]]
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
[[Page 115 STAT. 476]]
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.
[[Page 115 STAT. 477]]
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
[[Page 115 STAT. 478]]
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.
[[Page 115 STAT. 479]]
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. <<NOTE: Notification.>> 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. <<NOTE: 10 USC 2860 note.>> 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.
[[Page 115 STAT. 480]]
(transfer of funds)
Sec. <<NOTE: 10 USC 2860 note.>> 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. <<NOTE: Reports. Deadline.>> 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) <<NOTE: Notice.>> 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.
[[Page 115 STAT. 481]]
(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. <<NOTE: Deadline. Contracts. Notice.>> 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
[[Page 115 STAT. 482]]
available for the same purposes and for the same time period as the fund
to which transferred.
Sec. <<NOTE: 10 USC 2821 note.>> 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, <<NOTE: Reports.>> 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. <<NOTE: Deadline. California. Reports.>> 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. <<NOTE: 10 USC 221 note.>> 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).
[[Page 115 STAT. 483]]
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''.
Approved November 5, 2001.
LEGISLATIVE HISTORY--H.R. 2904 (S. 1460)
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HOUSE REPORTS: Nos. 107-207 (Comm. on Appropriations) and 107-246 (Comm.
of Conference).
SENATE REPORTS: No. 107-68 accompanying S. 1460 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 147 (2001):
Sept. 21, considered and passed House.
Sept. 26, considered and passed Senate, amended.
Oct. 17, House agreed to conference report.
Oct. 18, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Nov. 5, Presidential statement.
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