Conference Report on H.R. 1540, National Defense Authorization Act for Fiscal Year 2012

Floor Speech

Mr. SMITH of Washington. Mr. Speaker, some have raised concerns about potential ambiguities in section 2207 of the FY2012 National Defense Authorization Act and I wanted to provide clarification on some of these matters. It was asked whether section 2207 restricts the obligation of funds for contract modifications to ongoing projects or awarding minor supporting contracts required to complete projects that have already begun. First, it is not the intent of the bill to restrict the Department of Defense from modifying current contracts or awarding required ancillary contracts in support of active projects because those prior-year funds have already been obligated and therefore are not subject to the restrictions set forth in section 2207. We understand that minor additional obligations may be required to complete those previously authorized projects, and we do not object to such minor obligations as long as they are within the scope of the original authorizations.

Others have asked me, can the Department of Defense use any funding to continue planning and program management activities or begin new studies that will help inform or develop any of the five requirements that are outlined in section 2207 that must be met before further funds are obligated? The language in section 2207 is not indented to restrict the Department of Defense's ability to use prior-year funding to conduct program management activities, planning and further studies or complete ongoing studies that will better inform or allow the Department to complete work on the five requirements that are called out in section 2207 of this bill. This provision is not intended to stop the military buildup, but there are questions that remain outstanding.

I am committed to working with the Gentlelady from Guam to continue to address these issues regarding the stationing of Marine Corps forces on Guam.

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