Appropriations for FY2001: Military Construction

The military construction (MilCon) appropriations bill finances (1) military construction projects in the United States and overseas; (2) military family housing operations and construction; (3) U.S. contributions to the NATO Security Investment Program; and (4) most base realignment and closure costs. This report reviews the appropriations and authorization process for military construction. The congressional debate perennially centers on the adequacy of the President's budget for military construction needs and the necessity for congressional add-ons, especially for Guard and Reserve projects. In recent years, Congress has frequently complained that the Pentagon has not adequately funded military construction. The Administration's FY2001 budget request for military construction is $8.0 billion, which is 5.5% below the level provided in FY2000. This continues a downward trend from the peak FY1996 level of $11.2 billion, the FY1997 level of $9.8 billion, the FY1998 level of $9.3 billion, the FY1999 level of $9.0 billion and the FY2000 level of $8.4 billion.

On May 16, 2000, the House passed the Military Construction Appropriations Act FY2001 ( H.R. 4425 ), by a 386-22 roll call vote. The House followed the House Appropriations Committee's lead and passed the $8.634 billion bill with only one amendment. On May 18, 2000, the Senate passed S. 2521 , their version of the FY2001 Military Construction Appropriations bill, on a 95-4 vote. Because emergency supplemental appropriations for FY2000 was added onto this bill, the conference debate has focused on domestic and defense issues outside of military construction. For background and comprehensive information on the FY2000 supplemental funding, see CRS Report RL30457(pdf) , Supplemental Appropriations for FY2000: Plan Colombia, Kosovo, Foreign Debt Relief, Home Energy Assistance and Other Initiatives , by Larry Nowels, et al. The Military Construction Appropriations conference report, recommending $8.834 billion, was approved by the House on June 29, 2000, and the Senate on June 30, 2000. It became P.L. 106-246 on July 13, 2000. In authorization action, on May 18, 2000, the House approved its defense authorization bill ( H.R. 4205 , H.Rept. 106-616 ). The Senate substituted their version of the defense authorization bill -- S. 2549 , S.Rept. 106-292 -- in H.R. 4205 and passed that bill on July 13, 2000. The conference report ( H.Rept. 106-945 ) was passed by the House on October 11, 2000 and by the Senate on October 12, 2000. The conference authorized $8.8 billion, $787 million more than the President's request. The FY2001 defense authorization bill became P.L. 106-398 on October 30, 2000.

RL30510 -- Appropriations for FY2001: Military Construction


Updated November 7, 2000






CONTENTS

<font size="+1">List of Tables</font>

Table 1. Status of Military Construction Appropriations, FY2001

Table 2. Military Construction Appropriations, FY1996-2000

Table 3. Military Construction Appropriations by Account: FY1999-2001

Table 4. Military Construction Appropriations by Account - Congressional Action

Table 5. Congressional Additions to Annual DOD Budget Requests for National Guard and Reserve Military Construction, FY1985-2000




Summary

The military construction (MilCon) appropriations bill finances (1) military construction projects in the United States and overseas; (2) military family housing operations and construction; (3) U.S. contributions to the NATO Security Investment Program; and (4) most base realignment and closure costs.

This report reviews the appropriations and authorization process for military construction. The congressional debate perennially centers on the adequacy of the President's budget for military construction needs and the necessity for congressional add-ons, especially for Guard and Reserve projects. In recent years, Congress has frequently complained that the Pentagon has not adequately funded military construction.

The Administration's FY2001 budget request for military construction is $8.0 billion, which is 5.5% below the level provided in FY2000. This continues a downward trend from the peak FY1996 level of $11.2 billion, the FY1997 level of $9.8 billion, the FY1998 level of $9.3 billion, the FY1999 level of $9.0 billion and the FY2000 level of $8.4 billion.

On May 16, 2000, the House passed the Military Construction Appropriations Act FY2001 (H.R. 4425), by a 386-22 roll call vote. The House followed the House Appropriations Committee's lead and passed the $8.634 billion bill with only one amendment.

On May 18, 2000, the Senate passed S. 2521, their version of the FY2001 Military Construction Appropriations bill, on a 95-4 vote. Because emergency supplemental appropriations for FY2000 was added onto this bill, the conference debate has focused on domestic and defense issues outside of military construction. For background and comprehensive information on the FY2000 supplemental funding, see CRS Report RL30457(pdf), Supplemental Appropriations for FY2000: Plan Colombia, Kosovo, Foreign Debt Relief, Home Energy Assistance and Other Initiatives, by [author name scrubbed], et al.

The Military Construction Appropriations conference report, recommending $8.834 billion, was approved by the House on June 29, 2000, and the Senate on June 30, 2000. It became P.L. 106-246 on July 13, 2000.

In authorization action, on May 18, 2000, the House approved its defense authorization bill (H.R. 4205, H.Rept. 106-616). The Senate substituted their version of the defense authorization bill - S. 2549, S.Rept. 106-292 - in H.R. 4205 and passed that bill on July 13, 2000. The conference report (H.Rept. 106-945) was passed by the House on October 11, 2000 and by the Senate on October 12, 2000. The conference authorized $8.8 billion, $787 million more than the President's request. The FY2001 defense authorization bill became P.L. 106-398 on October 30, 2000.

<center>Key Policy Staff</center>

Area of Expertise  Name  CRS Division Tel. 
Base Closure David Lockwood FDT [phone number scrubbed]
Defense Acquisition Valerie Grasso FDT [phone number scrubbed]
Defense Budget, Mil. Con. Mary Tyszkiewicz FDT [phone number scrubbed]
Defense Budget [author name scrubbed] FDT [phone number scrubbed]
Defense Reform Gary Pagliano FDT [phone number scrubbed]
Guard and Reserve Issues [author name scrubbed] FDT [phone number scrubbed]

Division abbreviations: FDT = Foreign Affairs, Defense, and Trade.




Most Recent Developments

The Military Construction Appropriations conference report, recommending $8.834 billion, was approved by the House on June 29, 2000, and the Senate on June 30, 2000. It became P.L. 106-246 on July 13, 2000.

In authorization action, on May 18, 2000, the House approved its defense authorization bill (H.R. 4205, H.Rept. 106-616). The Senate substituted their version of the defense authorization bill - S. 2549, S.Rept. 106-292 - in H.R. 4205 and passed that bill on July 13, 2000. The conference report (H.Rept. 106-945) was passed by the House on October 11, 2000 and by the Senate on October 12, 2000. The conference authorized $8.8 billion, $787 million more than the President's request. The FY2001 defense authorization bill became P.L. 106-398 on October 30, 2000.

Background: Content of Military Construction Appropriations and Defense Authorization Bills

The Department of Defense (DOD) manages the world's largest dedicated infrastructure, covering over 40,000 square miles of land and a physical plant worth over $500 billion. The military construction appropriations bill provides a large part of the funding to maintain this infrastructure. The bill funds construction projects and real property maintenance of the active Army, Navy & Marine Corps, Air Force, and their reserve components; defense-wide construction; U.S. contributions to the NATO Security Investment Program (formerly called the NATO Infrastructure Program); and military family housing operations and construction. The bill also provides funding for the Base Realignment and Closure (BRAC) account, which finances most base realignment and closure costs, including construction of new facilities for transferred personnel and functions, and environmental cleanup at closing sites.

The military construction appropriations bill is only one of several annual pieces of legislation that provide funding for national defense. Other major legislation includes (1) the defense appropriations bill, that provides funds for all military activities of the Department of Defense, except for military construction; (2) the national defense authorization bill, that authorizes appropriations for national defense, (1) and (3) the energy and water development appropriations bill, that provides funding for atomic energy defense activities of the Department of Energy. Two other appropriations bills, VA-HUD-Independent Agencies and Commerce-Justice-State, also include small amounts for national defense. In addition, the energy and water development appropriations bill provides funds for civil projects carried out by the U.S. Army Corps of Engineers.

The annual defense authorization bill authorizes all the activities in the defense appropriation measures described above. Therefore, major debates over defense policy and funding issues, including military construction can be also found in the authorization bill. Since issues in the defense authorization and appropriations bills intertwine, this report highlights salient parts of the authorization bill, along with the military construction appropriation process.

The separate military construction appropriations bill dates to the late 1950s when a large defense build-up occurred in response to intercontinental ballistic missile threats and the Soviet launch of Sputnik. Defense construction spending soared, as facilities were hardened, missile silos were constructed, and other infrastructure was built. The appropriations committees established the military construction subcommittees to deal with this new level of activity. Consequently, the separate military construction bill was created. The first stand-alone military construction bill was in FY1959, P.L. 85-852. Previously, military construction funding was provided through annual defense appropriations or supplemental appropriations bills.

Military construction appropriations are the major, but not the sole, source of funds for facility investments by the military services and defense agencies. The defense appropriations bill provides some funds for real property maintenance in operation and maintenance accounts. In addition, funds for construction and maintenance of Morale, Welfare, and Recreation-related facilities are partially provided through proceeds of commissaries, recreation user fees, and other income.

Most funds appropriated by Congress each year must be obligated in that fiscal year. Military construction appropriations are an exception, since these funds are generally made available for obligation for five fiscal years.

Consideration of the military construction budget starts when the President's budget is delivered to Congress early each year. For FY2001, the President requested $8.0 billion in funding for the military construction program.

Status

Table 1 shows the key legislative steps necessary for the enactment of the FY2001 military construction appropriations.

Table 1. Status of Military Construction Appropriations, FY2001

<center>

  
Committee Markup House Report House Passage Senate Report Senate Passage Conference Report Conference Report Approval Public Law
House Senate House Senate
5/9/00 5/8/00 H.Rept. 106-614 5/16/00 S.Rept.
106-290
5/18/00 H.Rept.
106-710
6/29/00 6/30/00 P.L. 106-246

</center>

Appropriations Action

Conference Appropriations Action. The Military Construction Appropriations conference report, recommending $8.834 billion, was approved by the House on June 29, 2000, and the Senate on June 30, 2000. It became P.L. 106-246 on July 13, 2000. The conference report debate centered on domestic and defense items in the FY2000 supplemental emergency appropriations. (For more details, see Senate Appropriations Emergency Appropriations Action for FY2000 section, below.)

House Appropriations Action. On May 16, 2000, the House passed the FY2001 Military Construction Appropriations Act (H.R. 4425), by a 386-22 roll call vote. The House followed the House Appropriations Committee's lead and passed the bill with only one amendment. The Traficant amendment prohibits any money in the bill from going to individuals or companies convicted of violating the "Buy American" laws.

The House Appropriations Committee decided, as written in its report (H.Rept. 106-614) to:

  • reprimand the Pentagon about serious shortfalls in the military construction request and the severe backlog in readiness, revitalization, and quality of life projects,

  • deny the Pentagon's advance appropriations requests,

  • direct the DOD Comptroller to monitor the impact of no contingency funding for construction and hopes this action will improve the Services' cost estimating, and

  • expect the Pentagon to include facility modernization programs in its Quadrennial Defense Review.

The $8.634 billion bill passed by voice vote. This bill is 4% over last year's bill and some $600 million more than the President's FY2001 request. The bill provides $3.9 for military construction, $3.5 million for family housing and $1.2 billion for Base Realignment and Closure costs. (2)

Senate Appropriations Action. On May 18, 2000, the Senate passed S. 2521, by a vote of 96-4. Because emergency supplemental appropriations for FY2000 was added to this bill, the debate on S. 2521 has centered on domestic and defense riders attached on the bill. (See below.)

On May 9, 2000, the Senate Appropriations Committee reported out its version (S. 2521), of the FY2001 military construction appropriations bill.

The Senate Appropriations Committee decided, as written in its report (S.Rept. 106-290) to:

  • chastise the Pentagon for its inadequately-funded proposal,

  • require the Pentagon to add 5% contingency funding in its FY2002 request, in order to promote flexibility in completing projects (the Pentagon proposed zero in FY2001), and

  • continue to require the Pentagon to report repair projects in Operations and Maintenance account funding to Congress.

The $8.634 billion bill passed by voice vote. This bill is $292 million over last year's bill and some $600 million more than the President's FY2001 request. The bill provides $3.81 for military construction, $3.5 million for family housing and $1.2 billion for Base Realignment and Closure costs. (3)

Senate Appropriations Emergency Supplemental Action for FY2000. FY2000 supplemental funding was attached to this Senate bill, S. 2521. Defense items include: peacekeeping costs in Kosovo and East Timor, counter-terrorism, growth in fuel and health-care costs for DOD dependents and retirees, and counter-narcotics costs in Columbia. (For a complete list of supplemental items attached to S. 2521, see Appendix 1.) The debate on S. 2521 is centering on supplemental riders on gun control and Kosovo. The most controversial provision that would have put a deadline to have U.S. troops withdraw from Kosovo, by July 1, 2001, was voted down by the Senate.

For background and comprehensive information on the supplemental, see CRS Report RL30457(pdf), Supplemental Appropriations for FY2000: Plan Colombia, Kosovo, Foreign Debt Relief, Home Energy Assistance and Other Initiatives, by [author name scrubbed], et al. For background on the Kosovo operations, see CRS Issue Brief IB98041, Kosovo and U.S. Policy, by Steve Woehrel, and CRS Issue Brief IB10027, Kosovo: U.S. and Allied Military Operations, by [author name scrubbed].

Authorization Action

On May 18, 2000, the House passed the defense authorization bill (H.R. 4205, H.Rept. 106-616) Following the lead of the Military Construction Subcommittee, the House recommended $8.4 billion dollars for military construction, $400 million more than the President's request.

The Senate substituted their version of the defense authorization bill - S. 2549, S.Rept. 106-292 - in H.R. 4205 and passed that bill by 97-3 on July 13, 2000. The Senate recommended $8.46 billion for military construction, $430 million more than the President's request.

The conference report (H.Rept. 106-945) was passed by the House on October 11, 2000 and by the Senate on October 12, 2000. The FY2001 defense authorization bill became P.L. 106-398 on October 30, 2000.

The conference authorized $8.8 billion, $787 million more than the President's request. The conferees added over $200 million of the service chiefs' unfunded requirements and emphasized additions to improved living and working conditions for military personnel and their families.

The conference also agreed to extend the alternative authority for acquisition and improvement of military housing in Section 2806 - better known as Military Housing Privatization Initiative. It is extended from February 10, 2001, to December 31, 2004. (For more information on this initiative, see the Key Policy Issues section below.)

Key Policy Issues

Ongoing Congressional Concerns

Long-term Planning for Military Construction. Throughout the 1990s, Congress and Administration have debated whether military construction funding and long-term planning are adequate. Members of Congress have complained that poor planning and insufficient funding on the Pentagon's part have made it difficult for Congress to insure that military construction plans meet pressing priorities.

The Department of Defense uses a formal process called the Planning, Programming and Budgeting System (PPBS) to create its budget for Congress. (4) The PPBS process is also used to prepare DOD's internal, long-term financial plan. The long-term plan extends over a six-year period and is known as the Future Years Defense Plan (FYDP). During the 1990s, Congress has criticized the Pentagon's long-term planning for military construction.

In hearings on the FY2001 military construction request, legislators expressed continuing concern over military construction planning and the sufficiency of funding. Rep. Joel Hefley, Chair of the Military Installations and Facilities Subcommittee of the House Armed Services Committee (HASC) argued at a hearing on March 2, 2000, that the FY2001 budget request - like the previous FY1997-00 requests - continues the poor planning and downward trend for military construction budgets. For the FY1997-2001 military construction requests, the Administration requested fewer funds than it had programmed in its budget assumptions in the previous years' FYDP. This mismatch between plans and funding was cited in the congressional criticism of the Pentagon's military construction planning. Since the FYDP and the requested amount decreases each year for military construction, Mr. Hefley states that he is finding it difficult to take Pentagon future plans for military construction seriously. That sentiment was echoed by the Senate Appropriations Military Construction Subcommittee chair - Sen. Conrad Burns - who expressed dismay at the kind of long-term planning seen in the FY2001 military construction proposal.

At the March 2nd HASC hearing, Randall Yim, Deputy Under Secretary of Defense (Installations), outlined a new DOD approach to installation management, in response to the subcommittee's concerns about planning. Yim established an Installation Policy Board, consisting of the senior service facilities leaders, senior service engineers and representatives from financing and program communities. This Board, chaired by Yim, meets monthly to peer review and audit installation requirements, to develop common standards between services and to provide a forum for DOD-wide installations issues.

Yim outlined three analytical tools that the Installation Policy Board is developing for more efficient planning. The first is a facilities strategic plan, so DOD knows what type of facilities are needed in the future. The second is the facilities sustainment model, which uses auditable data to model and identify the funds needed to keep facilities in good working order. The final tool is an installation readiness reporting system, so that installation readiness can be considered as part of operational readiness decisions.

Reauthorization of the Military Housing Privatization Initiative. DOD is requesting that Congress amend Section 2885, Title 10, U.S.C. to extend the Military Housing Privatization Initiative (MHPI) pilot program for an additional five years. The MHPI is set to expire in February 2001. The DOD believes the authorities that the MHPI provides will contribute significantly to its plan to solve its housing situation by 2010, when combined with traditional government-funded construction.

The defense authorization conference report for FY 2001 (H.Rept. 106-945) approved an extension of these authorities in Section 2806 for an additional 3-year period - from February 2001 to December 2004.

Background on Problems in Military Family Housing. In testimony to the House Armed Services Committee on March 16, 2000, the official in charge of DOD installations - Randall Yim - described the continuing problem of military family housing. He stated that approximately two-thirds of DOD's nearly 300,000 family housing units need extensive renovation or replacement. Yim also testified that fixing this problem using only traditional military construction methods would take 30 years and cost as much as $16 billion.

In his testimony, Yim emphasized that privatization of military family housing is just one part of a three part program to fix the DOD housing problem by 2010. Two other important components are increasing housing allowances to eliminate out-of-pocket costs for servicemembers and a strong military construction program. Increasing the housing allowance will reduce demand for on-base housing and a traditional government-funded construction program will continue to help fix on-base housing.

Definition of MHPI Authorities. Recognizing the severity of the family housing problem, Congress passed the Military Housing Privatization Initiative in the FY1996 Defense Authorization Act (P.L. 104-106). This gave the Pentagon new authorities to obtain private sector financing and expertise for military housing. The authorities are:

  • guarantees, both loan and rental;

  • conveyance or lease of existing property and facilities;

  • differential lease payments;

  • investments, both limited partnerships and stock/bond ownership; and

  • direct loans.

The legislation enabled the new authorities to be used individually, or in combination. (5)

History on Use of MHPI Authorities. Yim gave the history of DOD's implementation of the MHPI. In the early days of using these authorities (1996-1998), the Department of Defense's Housing Revitalization Support Office (HRSO) coordinated the application of the new authorities and oversaw all aspects of the process from initial site visits to final solicitation. During this phase - said Yim - significant strides were made in developing program criteria, financial models, legal documents and budget scoring guidelines. Only two on-base projects reached the solicitation stage, however, largely due to a problems in DOD's centralized management structure.

In October 1998, the Pentagon changed tactics and devolved the execution of housing privatization projects to the Services. (6) To date, there have been four projects awarded and/or completed, twelve projects solicited and fourteen planned, using the MHPI process. (7)

Evaluation of MHPI. Progress of the privatization initiative has been slow. Representative Gene Taylor, Ranking Member of the Military Installations and Facilities Subcommittee of the HASC stated at the March 16, 2000 hearing that Congress has been disappointed with the pace of privatization implementation. Taylor hoped that DOD will be able to find the right mix of public and private funding and that the housing privatization concept will live up to its promise of providing high quality housing for our troops and their families.

The General Accounting Office (GAO) highlighted some concerns with the privatization initiative when it reviewed DOD's military housing situation in July 1998. (8) Initial evaluation of life-cycle costs of privatized housing versus traditional military housing showed a potential savings of only about 10% or less. The proposed long-term time horizons for some privatization projects of 50 years or more raised concerns that the housing might not be needed that far into future. Also, the GAO argued that Pentagon planning for military housing remains poor. GAO stated that housing requirements are not integrated with particular facilities and community needs, that the plans underutilize the use of local housing and that there is poor communication between offices responsible for housing allowances and military housing construction. GAO recommended that comprehensive, better integrated plans could help maximize the privatization initiative while minimizing total housing costs.

A March 2000 GAO follow-up study on the privatization initiative (9) reported that since no projects under the initiative have been fully implemented, there is little basis to evaluate whether the initiative will ultimately achieve its goals of eliminating inadequate housing more economically and faster than could be achieved through traditional military construction financing. Also, the GAO points out that the DOD does not have an evaluation plan to assess the initiative.

The GAO recommended that the DOD create a privatization evaluation plan to be used consistently by all the Services. The plan should include performance measures, such as evaluation of each authority, comparison of actual to estimated costs of projects, assessment of developer performance, collection of data on the use and satisfaction of housing by service members. DOD agreed with GAO's recommendations and has begun to create an evaluation plan.

Privatization Initiative for Utility Infrastructure. Yim testified on March 16th that DOD is pursuing utility privatization through the authority of Section 2871 of Title 10 for cost savings and recapitalization of aging infrastructure. The DOD would like to privatize 1,700 utility systems by 2003, in order have public and private sector experts run and upgrade these systems according to best business practices.

This authority requires that the long-term economic benefit of utility privatization exceeds the long-term economic and utility services costs. To date, 12 systems at 7 installations have been privatized, representing a savings of more than $10 million, according to DOD.

Through this authority, DOD divests ownership of the utility system (i.e. wires and pipes) where it is economically feasible. In certain locations and markets, energy management may be included in a proposal in order to offer the best value to the government.

To give incentives to DOD installations to privatize utilities, the DOD is asking Congress to amend this utility privatization authority. With the proposed change, the Services would be able to keep savings generated by utility privatization in their installations, instead of the savings going to the general treasury.

History and Context

The Funding Pattern for Military Construction Budgets. In recent years, Congress has added significant amounts to annual Administration military construction budget requests. This has been a recurring pattern in the 1990s. The President proposes what Congress calls an inadequate military construction budget, especially for Guard and Reserve needs. Congress then adds funding for military construction, with some attention to Guard and Reserve projects. For example, Congress added $479 million in FY1996, $850 million in FY1997, $800 million in FY1998, and $875 million in FY1999 to the military construction accounts.

Congressional additions to the military construction budget have been common and controversial throughout the 1990s. Three themes explain the pattern of recurring congressional additions. First, some members of the military construction subcommittees have believed that military construction has been chronically underfunded. This theme was echoed in hearings on the FY2001 budget and the reports from the House Appropriations Committee and the defense authorizing committees on bills for FY1998-2000. Second, often Congress has different priorities than the Administration, as reflected in frequent congressional cuts to overseas construction requests and contributions to the NATO Security Investment Program. Third, other Members of Congress, as Senator Bond commented during the floor debate on FY1996 military construction appropriations, believe that the Pentagon counts on Congress to add money to Guard and Reserve programs. In recent years, Congress has added large amounts for National Guard and Reserve construction projects, including a peak amount of $451.1 million in FY2000. (See Table 5.)

Low military construction budgets has led to growing maintenance backlogs, inadequate budgets for installation maintenance, and conflict between congressional & Pentagon military construction priorities. Military construction proponents, including facility advocates in the military services, argue that military facilities have been systematically underfunded for many years. For example, GAO reported its results of a review of the management of real property assets by the DOD and the services, at a March 1, 2000 hearing to the House Armed Services Subcommittee on Readiness. The review focused on properties that the services maintain and repair using operation and maintenance accounts. The GAO pointed out that Congress has been concerned about the DOD's real property maintenance since the 1950s. Recently, the backlog for deferred maintenance has grown from $8.9 billion in 1992 to $14.6 billion in 1998.

Also, DOD facility managers have not met their goal to allocate 3% of the plant replacement value of DOD facilities for annual construction and maintenance (called real property maintenance at the Pentagon). Although this 3% goal is below the average for public facilities nationwide, actual DOD funding has typically run at 1 to 2% of plant replacement value. For example, the Navy testified on March 1, 2000 to the House Armed Services Subcommittee for Readiness that the Navy budgeted 1.8% for real property maintenance. As a result, facility proponents welcome any congressional additions.

Finally, congressional military construction subcommittees - authorization as well as appropriations subcommittees - have frequently taken issue with Administration military construction priorities. In the early 1990s, for example, the committees frequently reduced amounts requested for construction overseas - on the grounds that troop levels abroad should be reduced and that allied burden-sharing contributions should increase - and reallocated the funds to domestic projects. In addition, congressional committees have added unrequested funds for quality of life improvements, such as day care centers and barracks renovation. Congress has argued that the military services have tended to neglect these areas in favor of warfighting investments.

The Debate Over Added Projects. Since Congress has added significant amounts to military construction budgets over the last 10 years, congressional debate has centered on how to prioritize worthy additional projects.

In 1994, the Senate debate on the military construction appropriations bill focused on the amount of congressional additions to the request despite constraints on overall defense spending. Senator McCain, in particular, objected to the provision of substantial amounts for projects that the Administration had not requested. He argued that such projects largely represented "pork barrel" spending, and came at the expense of higher priority defense programs. In Senate floor consideration of the military construction bill that year, the managers accepted a McCain amendment that called for criteria to be applied to additional projects. His amendment included a provision that any added project should be on the military lists of critical yet unbudgeted projects. The McCain amendment was not incorporated into the final conference version of the bill, however, and the conference agreement provided over $900 million for unrequested construction projects.

The National Defense Authorization Act for FY1995 (P.L. 103-337), however, incorporated Senator McCain's criteria as a "Sense of the Senate" provision, (10) providing that the unrequested projects should be:

1. essential to the DOD's national security mission,

2. not inconsistent with the Base Realignment and Closure Act,

3. in the services' Future Years Defense Plan (see above),

4. executable in the year they are authorized and appropriated, and

5. offset by reductions in other defense accounts, through advice from the Secretary of Defense.

Since the 104th Congress, the House military construction authorizing and appropriations committees have also used similar criteria, in collaboration with the Pentagon, to add projects to the military construction budget. Each potential project needs to pass the following criteria, similar to the McCain criteria: Is the project essential to the DOD mission, consistent with BRAC plans, in the Future Years Defense Plan and "executable" in the coming fiscal year? If the project can meet those criteria, the military construction authorizing and appropriations committees may add the project.

Debate over congressionally-added projects continues. In debate on the FY2000 military construction appropriations conference report, Senator McCain continued to discuss projects added by Congress. He noted that Congress added nearly $975 million of extra projects. Senator McCain presented his list of questionable projects in the Congressional Record, in a letter to the President and on his web page http://www.senate.gov/~mccain/mil00cf.htm.

Major Funding Trends

The Administration has proposed $8.0 billion for the FY2001 military construction request. The conference report approved $8.8 billion. This total continues a downward trend from the FY1996 level of $11.2 billion, the FY1997 level of $9.8 billion, the FY1998 level of $9.3 billion, the FY1999 level of $9.0 billion. The FY2001 enacted amount of $8.8 billion is more than the FY2000 enacted amount of $8.4 billion.

Table 2 shows overall military construction program funding since FY1996. Table 3 breaks down the FY2001 request by appropriations account and compares it to FY1999 and FY2000 levels. Table 4 shows congressional action on military construction appropriations by account. Table 5 shows congressional military construction add-ons for Guard and Reserve projects from FY1985-2000.

Legislation

Military Construction Appropriations

P.L. 106-246, H.R. 4425 (Hobson)

Making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 30, 2001, and for other purposes. The House Committee on Appropriations reported an original measure, H.Rept. 106-614, May 11, 2000. Passed House, 386 - 22 (Roll No. 184) (text: CR H3074-3076), May 16, 2000. Conference report (H.Rept. 106-710) filed June 29, 2000. Mr. Young (FL) brought up conference report by previously agreed to special order, June 29, 2000. Conference report passed House, 306 - 110 (Roll no. 362), June 29, 2000; passed Senate, by voice vote, June 30, 2000. Signed into law July 13, 2000.

S. 2521 (Burns)

An original bill making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 30, 2001, and for other purposes. Committee on Appropriations ordered to be reported an original measure, May 9, 2000. By Senator Burns from Committee on Appropriations filed written report, H.Rept. 106-290, May 11, 2000. Measure laid before Senate, May 11, 2000. Considered by Senate, May 15-18, 2000. Senate incorporated this measure in H.R. 4425 as an amendment, May 18, 2000. Senate passed companion measure H.R. 4425 in lieu of this measure (96 - 4) on May 18, 2000.

Defense Authorization

H.R.4205 (Spence)

To authorize appropriations for fiscal year 2001 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for fiscal year 2001, and for other purposes. Reported (amended) by the Committee on Armed Services (H.Rept. 106-616), May 12, 2000. Considered by the House, May 17-18, 2000. Passed House (353-63), May 18, 2000. Conference report H.Rept. 106-945 passed the House (382 - 31) on October 11, 2000. The Senate agreed to conference report (90 - 3) on October 12, 2000. Became P.L. 106-398 on October 30, 2000.

S. 2549 (Warner)

To authorize appropriations for fiscal year 2001 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes. Committee on Armed Services ordered to be reported an original measure, May 9, 2000. Report filed (S.Rept. 106-292), May 11, 2000. Considered by the Senate, June 6-8, June 14, and June 19-20, 2000. Senate struck all after the Enacting Clause for H.R. 4205 and substituted the language of S. 2549 as amended and this passed the Senate in lieu of S. 2549 with an amendment by Yea-Nay Vote, 97 - 3, on July 13, 2000.

Table 2. Military Construction Appropriations, FY1996-2000 (budget authority in millions of dollars)

  Actual FY1996 Actual FY1997 Actual FY1998 Actual FY1999 Estimate FY2000 Request
FY2001
Enacted FY2001
Military Construction 6,893 5,718 5,466 5,405 4,793 4,549 5,411
Family Housing 4,260 4,131 3,828 3,592 3,597 3,485 3,422
Total  11,153  9,849  9,294  8,997  8,390  8,034  8,833 

Source: Actual FY1996-99 data, Estimate FY2000 and Request 2001 from Department of Defense (DOD), Financial Summary Tables, Feb. 2000 & previous years' reports. Enacted FY2001 data from H.Rept. 106-710.

Table 3. Military Construction Appropriations by Account: FY1999-2001 (in thousands of dollars)

Account  FY1999 Actual FY2000 Est. FY2001 Request
Milcon, Army 991,726 1,036,645 897,938
MilCon, Navy 608,453 896,869 753,422
MilCon, Air Force 642,009 783,963 530,969
MilCon, Defense-wide 551,114 629,145 784,753
MilCon, Army National Guard 151,303 236,228 59,130
MilCon, Air National Guard 185,701 262,360 50,179
MilCon, Army Reserve 102,119 110,764 81,713
MilCon, Navy Reserve 31,621 28,310 16,103
MilCon, Air Force Reserve 34,371 64,071 14,851
BRAC Acct., Total 1,617,302 663,834 1,170,305
NATO Security Investment Program 245,000 80,581 190,000
Foreign Curr. Fluct., Constr., Def. 63,186 - -
MILCON transfer fund (from FY1999 emergency supplemental for Kosovo costs) 181,290 - -
Total: Military Construction  5,405,195  4,792,770  4,549,363 
Family Housing Const., Army 163,290 80,283 162,106
Family Housing Operation & Debt, Army 1,088,897 1,080,695 978,275
Family Housing Const., Navy & Marine Corps 294,590 339,307 362,822
Family Housing Operation & Debt, Navy and Marine Corps 920,892 886,860 882,638
Family Housing Const. AF 297,665 347,649 223,483
Family Housing Operation & Debt, AF 784,737 814,160 826,271
Family Housing Const., Def-wide 345 50 -
Family Housing Operation & Debt, Def-wide 36,914 41,226 44,886
Homeowners Assist. Fund, Def. 7,200 5,000 4,064
DOD Family Housing Improvement Fund 2,000 1,990 -
DOD Unacccompd. Housing Improvement Fund (5,000) - -
Total: Family Housing  3,591,530  3,597,220  3,484,545 
GRAND TOTAL  8,996,725  8,389,990  8,033,908 

Source: FY1999-FY2001 Request from DOD, Financial Summary Tables, February 2000.

Table 4. Military Construction Appropriations by Account - Congressional Action (in thousands of dollars)

Account  FY2001 Request House
Bill
Senate
Bill
Conf.
Report
Milcon, Army 897,938 869,950 823,503 909,245
MilCon, Navy 753,422 891,380 828,278 928,273
MilCon, Air Force 530,969 703,903 777,793 870,208
MilCon, Defense-wide 784,753 800,314 801,098 814,647
MilCon, Army National Guard 59,130 137,603 233,675 281,717
MilCon, Air National Guard 50,179 110,585 183,029 203,829
MilCon, Army Reserve 81,713 115,854 99,888 108,738
MilCon, Navy Reserve 16,103 50,604 38,532 62,073
MilCon, Air Force Reserve 14,851 43,748 25,533 36,591
BRAC Acct., Part IV 1,174,369 1,174,369 1,174,369 1,024,369
NATO Security Investment Program 190,000 177,500 175,000 172,000
Total: Military Construction 4,553,427  5,075,810  5,160,698  5,411,690 
Family Housing, Army 1,140,381 1,152,249 1,179,470 1,187,749
Family Housing, Navy and Marine Corps 1,245,460 1,298,792 1,274,332 1,299,722
Family Housing, Air Force 1,049,754 1,062,263 1,048,121 1,072,861
Family Housing, Defense-wide 44,886 44,886 44,886 44,886
Senate General Provision (Sec. 125: rescinds unobligated balances) 0 0 (73,507) --
General Provision
(Sec. 125)
0 0 0 (100,000)
General Provision
(Sec. 132)
0 0 0 (83,000)
Total: Family Housing  3,480,481  3,558,190  3,473,302  3,422,218 
GRAND TOTAL  8,033,908  8,634,000  8,634,000  8,833,908 

Source: H.Rept. 106-614, S.Rept. 106-290, H.Rept. 106-710.

Table 5. Congressional Additions to Annual DOD Budget Requests for National Guard and Reserve Military Construction, FY1985-2000 (current year dollars in thousands)

Fiscal Year Army National Guard Air National Guard Army Reserve Naval Reserve Air Force Reserve Total  Total Change from Request
1985 Req. 88,900 102,900 70,400 60,800 67,800 390,800 -
1985
Enacted
98,603 111,200 69,306 60,800 67,800 407,709 +16,909
1986 Req. 102,100 137,200 70,700 51,800 66,800 428,600 -
1986
Enacted
102,205 121,250 61,346 41,800 63,030 389,631 -38,969
1987 Req. 121,100 140,000 86,700 44,500 58,900 451,200 -
1987
Enacted
140,879 148,925 86,700 44,500 58,900 479,904 +28,704
1988 Req. 170,400 160,800 95,100 73,737 79,300 579,337 -
1988
Enacted
184,405 151,291 95,100 73,737 79,300 583,833 +4,496
1989 Req. 138,300 147,500 79,900 48,400 58,800 472,900 -
1989
Enacted
229,158 158,508 85,958 60,900 70,600 605,124 +132,224
1990 Req. 125,000 164,600 76,900 50,900 46,200 463,600 -
1990
Enacted
223,490 235,867 96,124 56,600 46,200 658,281 +194,681
1991 Req. 66,678 66,500 59,300 50,200 37,700 280,378 -
1991
Enacted
313,224 180,560 77,426 80,307 38,600 690,117 +409,739
1992 Req. 50,400 131,800 57,500 20,900 20,800 281,400 -
1992
Enacted
231,117 217,556 110,389 59,900 9,700 628,672 +347,272
1993 Req. 46,700 173,270 31,500 37,772 52,880 342,122 -
1993
Enacted
214,989 305,759 42,150 15,400 29,900 608,198 +266,076
1994 Req. 50,865 142,353 82,233 20,591 55,727 351,769 -
1994
Enacted
302,719 247,491 102,040 25,029 74,486 751,765 +399,996
1995 Req. 9,929 122,770 7,910 2,355 28,190 171,154 -
1995
Enacted
187,500 248,591 57,193 22,748 56,958 572,990 +401,836
1996 Req. 18,480 85,647 42,963 7,920 27,002 182,012 -
1996
Enacted
137,110 171,272 72,728 19,055 36,482 436,647 +254,635
1997 Req. 7,600 75,394 48,459 10,983 51,655 194,091 -
1997
Enacted
78,086 189,855 55,543 37,579 52,805 413,868 +219,777
1998 Req. 45,098 60,225 39,112 13,921 14,530 172,886 -
1998
Enacted
102,499 190,444 55,453 26,659 15,030 390,085 +217,199
1999 Req. 47,675 34,761 71,287 15,271 10,535 179,529 -
1999
Enacted
144,903 185,701 102,119 31,621 34,371 498,715 +319,186
2000 Req. 57,402 73,300 77,626 14,953 27,320 250,601 -
2000
Enact.
236,228 262,360 110,764 28,310 64,071 701,733 +451,132

Source: Department of Defense, Financial Summary Tables, successive years.

For Additional Information

CRS Issue Briefs

CRS Issue Brief IB96022. Defense Acquisition Reform: Status and Current Issues, by [author name scrubbed].

CRS Reports

CRS Report RL30002(pdf). A Defense Budget Primer, by [author name scrubbed] and [author name scrubbed].

CRS Report RL30505. Appropriations for FY2001: Defense, by [author name scrubbed].

CRS Report RL30447(pdf). Defense Budget for FY2001: Data Summary, by [author name scrubbed] and [author name scrubbed].

Selected World Wide Web Sites

U.S. Department of Defense, Office of the Under Secretary of Defense (Comptroller), FY2001 Budget Materials
http://www.dtic.mil/comptroller/fy2001budget/

U.S. Department of Defense, Installations Home Page
http://www.acq.osd.mil/installation

House Committee on Appropriations
http://www.house.gov/appropriations

Senate Committee on Appropriations

http://www.senate.gov/~appropriations/

CRS Appropriations Products Guide
http://www.loc.gov/crs/products/apppage.html#la

Congressional Budget Office
http://www.cbo.gov

General Accounting Office
http://www.gao.gov

Office of Management & Budget
http://www.whitehouse.gov/OMB/




Footnotes

1. (back) See Appropriations for FY2001: Defense, by [author name scrubbed], CRS Report RL30505, for details on the defense authorization and appropriation process.

2. (back)For a press release on the House Appropriations Subcommittee mark-up, see: http://www.house.gov/appropriations/pr01mcsu.html

3. (back)For a press release about the Senate Appropriations Committee mark-up, see:

http://www.senate.gov/~appropriations/releases/fy01full.htm

4. (back) For a discussion of the formulation of the defense budget proposal by the DOD, see CRS Report RL30002(pdf), A Defense Budget Primer, by [author name scrubbed] and [author name scrubbed].

5. (back) For more detailed information on the authorities; see the DOD's Privatization of Military Housing website, http://www.acq.osd.mil/installation/hrso/

6. (back) Each Service has its own program name for housing privatization: Army - Residential Communities Initiative (formerly known as the Capital Venture Initiative (CVI)); Navy - Public-Private Venture (PPV); and Air Force - Housing Privatization Program.

7. (back)For details on awarded, solicited, and planned privatization projects see: http://www.acq.osd.mil/installation/hrso/0100qreport.htm

8. (back)U.S. General Accounting Office, Military Housing: Privatization Off to a Slow Start and Continued Management Attention Needed, GAO Report Number NSIAD-98-178, July 1998.

9. (back)U.S. General Accounting Office, Military Housing: Continued Concerns in Implementing the Privatization Initiative, GAO Report Number NSIAD-00-71, March 2000. This report is also available on the GAO web site: http://www.gao.gov.

10. (back) A "Sense of the Senate" provision is a provision that requires approval by the Senate, but is not formally part of the bill and therefore does not have the force of law. This type of provision expresses the sense of the Senate on policy issues. There can also be similar Sense of the House and Sense of the Congress provisions.




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