II
Calendar No. 486
107TH CONGRESS
2D SESSION
H. R. 5011
IN THE SENATE OF THE UNITED STATES
JUNE 28, 2002
Received
JULY 8, 2002
Read twice and placed on the calendar
AN ACT
Making appropriations for military construction, family hous-
ing, and base realignment and closure for the Depart-
ment of Defense for the fiscal year ending September
30, 2003, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated for
military construction, family housing, and base realign-
ment and closure functions administered by the Depart-
ment of Defense, for the fiscal year ending September 30,
2003, and for other purposes, namely:
MILITARY CONSTRUCTION, ARMY
(INCLUDING RESCISSIONS)
For acquisition, construction, installation, and equip-
ment 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 nec-
essary for the purposes of this appropriation, and for con-
struction and operation of facilities in support of the func-
tions of the Commander in Chief, $1,514,557,000, to re-
main available until September 30, 2007: Provided, That
of this amount, not to exceed $158,664,000 shall be avail-
able 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 Con-
gress of his determination and the reasons therefor: Pro-
vided further, That of the funds appropriated for ‘‘Military
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Construction, 
Army’’ 
under 
Public 
Law 
107–64,
$5,000,000 are rescinded.
MILITARY CONSTRUCTION, NAVY
(INCLUDING RESCISSION)
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, naval in-
stallations, facilities, and real property for the Navy as
currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other per-
sonal services necessary for the purposes of this appropria-
tion, $1,245,765,000, to remain available until September
30, 2007: Provided, That of this amount, not to exceed
$94,825,000 shall be available for study, planning, design,
architect and engineer services, as authorized by law, un-
less the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies
the Committees on Appropriations of both Houses of Con-
gress of his determination and the reasons therefor.
MILITARY CONSTRUCTION, AIR FORCE
(INCLUDING RESCISSION)
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military
installations, facilities, and real property for the Air Force
as currently authorized by law, $964,302,000, to remain
available until September 30, 2007: Provided, That of this
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amount, not to exceed $78,951,000 shall be available for
study, planning, design, architect and engineer services,
as authorized by law, unless the Secretary of Defense de-
termines 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 RESCISSION AND TRANSFER OF FUNDS)
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, installa-
tions, facilities, and real property for activities and agen-
cies of the Department of Defense (other than the military
departments), 
as 
currently 
authorized 
by 
law,
$901,066,000, to remain available until September 30,
2007: 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 $45,432,000 shall be available for study, plan-
ning, design, architect and engineer services, as authorized
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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 this amount, $84,400,000 shall
not be available until 5 days after the Army notifies the
Senate and House appropriations committees that it is
able to meet milestones for construction of chemical weap-
ons destruction facilities agreed upon by the Office of the
Secretary of Defense and the Office of Management and
Budget.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army National Guard, and contribu-
tions therefor, as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authoriza-
tion Acts, $159,672,000, to remain available until Sep-
tember 30, 2007.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization
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Acts, $119,613,000, to remain available until September
30, 2007.
MILITARY CONSTRUCTION, ARMY RESERVE
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military Con-
struction Authorization Acts, $99,059,000, to remain
available until September 30, 2007.
MILITARY CONSTRUCTION, NAVAL RESERVE
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authoriza-
tion Acts, $75,821,000, to remain available until Sep-
tember 30, 2007.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $75,276,000, to remain
available until September 30, 2007.
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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, $168,200,000, to
remain available until expended.
FAMILY HOUSING CONSTRUCTION, ARMY
(INCLUDING RESCISSION)
For expenses of family housing for the Army for con-
struction, including acquisition, replacement, addition, ex-
pansion, extension and alteration, as authorized by law,
$283,346,000, to remain available until September 30,
2007.
FAMILY HOUSING OPERATION AND MAINTENANCE,
ARMY
For expenses of family housing for the Army for op-
eration and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and in-
surance premiums, as authorized by law, $1,119,007,000.
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FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE
CORPS
(INCLUDING RESCISSION)
For expenses of family housing for the Navy and Ma-
rine Corps for construction, including acquisition, replace-
ment, addition, expansion, extension and alteration, as au-
thorized by law, $380,268,000, to remain available until
September 30, 2007.
FAMILY HOUSING OPERATION AND MAINTENANCE,
NAVY AND MARINE CORPS
For expenses of family housing for the Navy and Ma-
rine Corps for operation and maintenance, including debt
payment, leasing, minor construction, principal and inter-
est charges, and insurance premiums, as authorized by
law, $867,788,000.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
(INCLUDING RESCISSION)
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension and alteration, as authorized by law,
$689,824,000, to remain available until September 30,
2007.
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FAMILY HOUSING OPERATION AND MAINTENANCE, AIR
FORCE
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leas-
ing, minor construction, principal and interest charges,
and 
insurance 
premiums, 
as 
authorized 
by 
law,
$874,050,000.
FAMILY HOUSING CONSTRUCTION, 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 acquisi-
tion, replacement, addition, expansion, extension and al-
teration, as authorized by law, $5,480,000, to remain
available until September 30, 2007.
FAMILY HOUSING OPERATION AND MAINTENANCE,
DEFENSE-WIDE
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance,
leasing, and minor construction, as authorized by law,
$42,395,000.
DEPARTMENT OF DEFENSE FAMILY HOUSING
IMPROVEMENT FUND
For the Department of Defense Family Housing Im-
provement Fund, $2,000,000, to remain available until ex-
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pended, for family housing initiatives undertaken pursu-
ant to section 2883 of title 10, United States Code, pro-
viding alternative means of acquiring and improving mili-
tary family housing, and supporting facilities.
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), $545,138,000, 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 con-
struction, where cost estimates exceed $25,000, to be per-
formed 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 pas-
senger 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 Trans-
portation, for the construction of access roads as author-
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ized 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 appropria-
tions have not been made.
SEC. 105. No part of the funds provided in Military
Construction Appropriations Acts shall be used for pur-
chase of land or land easements in excess of 100 percent
of the value as determined by the Army Corps of Engi-
neers or the Naval Facilities Engineering Command, ex-
cept: (1) where there is a determination of value by a Fed-
eral court; (2) purchases negotiated by the Attorney Gen-
eral or his designee; (3) where the estimated value is less
than $25,000; or (4) as otherwise determined by the Sec-
retary 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) ac-
quire 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 Con-
struction Appropriations Acts.
SEC. 107. None of the funds appropriated in Military
Construction Appropriations Acts for minor construction
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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 Mili-
tary 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 Depart-
ment of Defense for military construction or family hous-
ing 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 ar-
chitect and engineer contracts estimated by the Govern-
ment 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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to reflect savings from favorable foreign currency fluctua-
tions:
‘‘Military Construction, Army’’, $13,676,000.
‘‘Military Construction, Navy’’, $1,340,000.
‘‘Military 
Construction, 
Air 
Force’’,
$10,281,000.
‘‘Military 
Construction, 
Defense-wide’’,
$2,976,000.
‘‘Family 
Housing 
Construction, 
Army’’,
$4,920,000.
‘‘Family 
Housing 
Construction, 
Navy’’,
$2,652,000.
‘‘Family Housing Construction, Air Force’’,
$8,782,000.
SEC. 129. None of the funds made available in this
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriation Act.
SEC. 130. None of the funds made available in this
Act may be used to prepare any documents relating to
the conveyance out of United States ownership of real
property at former Fort Ord, California, intended for use
for housing development, as defined in the redevelopment
plan for Fort Ord.