[Congressional Record Volume 146, Number 60 (Tuesday, May 16, 2000)]
[House]
[Pages H3069-H3078]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2001
The SPEAKER pro tempore. Pursuant to House Resolution 502 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 4425.
{time} 1209
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 4425) 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,
with Mr. Barrett of Nebraska in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Ohio (Mr. Hobson) and the
gentleman from Massachusetts (Mr. Olver) each will control 30 minutes.
The Chair recognizes the gentleman from Ohio (Mr. Hobson).
Mr. HOBSON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, it is my pleasure to present to the House the
recommendation for the military construction appropriations bill for
fiscal year 2001. This is a bipartisan bill, and I want to thank my
ranking member, the gentleman from Massachusetts (Mr. Olver), for his
assistance in putting this bill together this year once again. We have
tried to work together to solve many of the problems that our military
faces today. We have gone out and looked at various locations. We have
gone around the world together a number of times looking at the various
projects, trying in a learning mode to get a bill that we can all agree
upon.
This bill presented to the House today totals $8.6 billion. This
represents a $293 million, or 3 percent increase from last year's
appropriation. However, the bill reflects a reduction of $1.3 billion
or 13 percent from the enacted level just 4 years ago. The bill is
within the 302(b) allocation for both budget authority and outlays. The
recommendations before the House are solid, and fully fund priority
projects for the services and our troops.
The legislation helps meet the needs of our military families and
improving our national security infrastructure. It is fiscally
responsible, while supporting the housing, child care, and medical
needs of our military.
Within the $8.6 billion provided, we have been able to address
quality-of-life issues, including $759 million for
[[Page H3070]]
troop housing, $43 million for child development centers, $141 million
for hospital and medical facilities, $26 million for environmental
compliance, $859 million for new family housing units and for
improvements to existing units, and $2.7 billion for operation and
maintenance of existing family housing units.
This year we have worked closely with the authorization committee,
and I would like to recognize the gentleman from Colorado (Mr. Hefley),
whose chairmanship of the Subcommittee on Military Installations and
Facilities will end at the conclusion of this Congress. This
subcommittee has appreciated his cooperation and commitment to funding
the infrastructure needs of our servicemen and their families the past
6 years.
In conclusion, this $8.6 billion is less than 3 percent of the total
defense budget and only 3 percent above last year's funding level, but
this $8.6 billion directly supports the men and women of our Armed
Services. It increases productivity, readiness and recruitment, all
very vital to a strong national defense.
Mr. Chairman, I include the following for the Record.
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[GRAPHIC] [TIFF OMITTED] TH16MY00.001
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[GRAPHIC] [TIFF OMITTED] TH16MY00.002
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Mr. Chairman, I reserve the balance of my time.
Mr. OLVER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the major function of this military construction bill
deals with the training and housing facilities for the men and women
who serve us in our military forces, but also with the education, the
health clinics and hospitals and the daycare centers that serve their
families while they serve us.
At the very outset of this discussion I want to thank the gentleman
from Ohio (Chairman Hobson) particularly for the bipartisan spirit in
which this bill has been prepared, and I wanted to recognize the close
and cooperative relationship that has existed between the majority and
minority staffs as the legislation has been prepared.
The bill before us, I believe, deserves our support. It is a good
bill, prepared in that bipartisan spirit that I have mentioned. It
provides for better workplaces and housing for the men and women that
serve our Nation, but also for better housing for their families.
The funds that are appropriated in this legislation are between 3 and
4 percent more than last year, so we are not losing ground in dealing
with the facilities and housing backlog, which is a severe backlog in
trying to keep up the quality of life for our personnel.
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One of the biggest problems that has faced this committee over the
past several years is the huge need for quality family housing for the
military, and one of the major efforts to address this has been housing
privatization in an effort to leverage Federal assets and allow the
private sector to come to the table with expertise in housing
construction and management. Implementing that program, however, has
not been easy. There have been some false starts. It has been slow, but
with the chairman's very strong leadership we are starting to make some
real progress.
As part of his efforts, the committee is asking for the development
of family housing master plans for each of the military services, and I
particularly appreciate that these reports will review the economics
behind the privatization programs and consider the market impact of the
Defense Department's increase in the basic allowance for housing, which
is to be fully phased in and implemented over the next several years.
All in all, I think that we are on the road to improving the quality
of life for our military families, and I urge all of my colleagues to
support this bill.
Mr. Chairman, I reserve the balance of my time.
Mr. HOBSON. Mr. Chairman, I yield 1 minute to the gentleman from
North Carolina (Mr. Hayes).
Mr. HAYES. Mr. Chairman, I rise to express the appreciation of the
men and women who serve at Fort Bragg and Pope Air Force Base. The
chairman and the ranking member have outlined the details of the bill
which are very important, but I rise to say that these men,
particularly my chairman, have spent the time in the field listening to
the concerns and seeing firsthand what the needs are and they have
responded enthusiastically and in a very effective way with this bill.
I strongly support it and urge everyone to do the same.
Mr. OLVER. Mr. Chairman, I yield 5 minutes to the gentlewoman from
California (Ms. Lee), for the purposes of a colloquy with the chairman.
Ms. LEE. Mr. Chairman, I want to thank the ranking member, the
gentleman from Massachusetts (Mr. Olver), for yielding me this time.
Mr. Chairman, I would like to engage the distinguished chairman of
the subcommittee in a colloquy. I first want to commend the committee
for their hard work in crafting the bill before us today. I know that
funding for new initiatives or requested increases would be difficult.
However, there is a project recently brought to my attention, which is
vitally important to my district. The East Bay Municipal Water
District, better known as East Bay MUD, is the water district for much
of the East Bay, and it is required because of new Federal regulations
to expand its waste water treatment plant. East Bay MUD is currently
located adjacent to the bay and adjacent to land acquired by the Army
Reserves through the 1995 base closure.
Through almost a year of negotiations, we have arrived at a solution
to our problem and the Army Reserves is willing to move their entire
operation to Camp Parks in Dublin, California. This would free up
approximately 16 acres for East Bay MUD's expansion, and as well
provide additional development of land for the City of Oakland. So this
appears to be a very viable solution for our parties.
We are, therefore, requesting $1.9 million to conduct a feasibility
study. This would evaluate the alternatives and also plan and design
for the land transfer. If feasible, the actual relocation would cost
approximately $18 million, which we would seek in another funding cycle
if the study proves positive.
Mr. HOBSON. Mr. Chairman, will the gentlewoman yield?
Ms. LEE. I yield to the gentleman from Ohio.
Mr. HOBSON. I will be happy to work with the gentlewoman on this
request. As she knows, we are working with tight funding restraints but
we will do all we can to accommodate the request.
Ms. LEE. I thank the chairman and the ranking member for allowing me
to bring this request to their attention, and I look forward to working
with the committee on this important project.
Mr. KUCINICH. Mr. Chairman, I oppose the Military construction
appropriations bill. This bill effectively appropriates $65 million for
the initial phase construction of a national ballistic missile system.
This bill will begin to pave the way for deploying a boondoogle of
unprecedented size and a hoax of a military strategy, a so-called
national missile defense system.
Once we begin down the road of an expanded nuclear defense system,
there may be no turning back for Washington. If the history of defense
funding serves, we will be creating policies to promote the use of and
spending on more missiles. We will create a gravy train for every kooky
weapons idea, without regard to effectiveness and affordability. We
will undermine military readiness and we will weaken U.S. defense.
We need to stop this now before spending billions of dollars on a
system that has only been previously tested on a computer as a
simulation. Billions of taxpayers dollars will fund a weapons system
that simply does not work. Let's really strengthen our military and use
these funds for programs that work and that really defend against real
threats.
According to testimony taken from Dr. David Wright of the Union of
Concerned Scientists before the U.S. Senate Committee on Foreign
Relations:
There have been no intercept tests of the NMD system, but
since 1982 the U.S. has conducted 16 intercept tests of exo-
atmospheric hit-to-kill interceptors, which operate in a
similar manner to the planned NMD interceptor. To date, the
test record of such interceptors has been absymmal. Only 2 of
these 16 intercept tests scored hits, for a 13 percent
success rate. And the test record is not getting better with
time: the most recent successful high-altitude test occurred
in January 1991 and the last 11 such intercept tests have
been failures.
Moreover, deploying a national missile defense system will have
devastating effect on United States-Russian arms reduction talks.
Recently, the Russian Parliament has ratified the START II treaty. I
think we have a great opportunity to lead by example but not deploying
this dangerous system. Let's continue the dialog with Russia and
cooperate on reducing nuclear military threats worldwide. Let us
continue to fund successful programs, the Cooperative Threat Reduction
program or the Nunn-Lugar program which aims to assist Russia in the
denuclearization and demilitarization of the states of the former
Soviet Union. This program has proven successful and effective in
reducing nuclear threats, yet this program is due to receive little in
comparison to the billions that will go to a ballistic missile
technology which has not been proven to be successful and which can be
easily defeated with countermeasures.
Mr. Speaker, I urge my colleagues to vote against this bill because
it prematurely approves the construction of national missile defense
system which has not been fully tested, does not work, and is of
unprecedented cost.
Mr. UDALL of Colorado. Mr. Chairman, I support this bill because on
balance, it is a good bill. In particular, it provides necessary funds
for National Guard projects in my State of Colorado.
I would like to voice my concerns, however, about funding provided
for the initial construction phase of a national missile defense
system. I'm glad the committee didn't provide all the funds the
President requested, and I'm glad the committee's report included
language expressing concern that to date no site has been selected and
a decision hasn't been made to go forward with this program.
[[Page H3074]]
I hope that the appropriation of these funds does not encourage a
premature decision on the deployment of a national missile defense
system. As so many have said, the intercept technology is clearly not
ready for operational application, and I am convinced it would be
irresponsible--as well as strategically disadvantageous--for us to make
a unilateral move toward an inadequately tested defense system. I
continue to believe that a decision to deploy that ignores
technological and diplomatic considerations cannot possibly yield the
best outcome.
Mr. GUTKNECHT. Mr. Chairman, I thank the Chairman and applaud the
committee for including funding for a new National Guard Training and
Community Center in Mankato, MN, in this year's military construction
bill.
For the information of Members, the Mankato Training and Community
Center was included in the 2001 Future Years Defense Plan and is one of
the highest priorities of the Minnesota National Guard. The United
States has called on its military for major deployments three times as
much in the last 10 years as in the previous 40. If we continue to call
on our military with an ever-increasing frequency we must also commit
to updating the facilities and equipment which are essential to its
mission.
We must not simply pour money into our military, without first
ensuring that this money is being spent well. Training and community
centers are a win-win solution, that gives value-added benefit to the
local community and much greater benefit from the Government dollar.
These facilities traditionally have been used only by the Guard unit
and remain unused during the week when no training is conducted. By
allowing the community to share in the use and cost of the new facility
the community receives a state-of-the-art community center and the
Guard benefits from a better facility than without the local
community's contribution. The 2d battalion 135th Infantry in Mankato,
MN is certainly in need of a new facility. The current facility is
outdated and prohibits the Guard from carrying out its mission. The
building was built in 1922 to hold Army horse cavalry which is needless
to say, far different from the modern mechanized infantry which
attempts to use the same facility today. It lacks adequate classrooms,
administration facilities, training space and equipment storage areas.
The unit can't even park its military vehicles on location, most are
parked at the nearest National Guard facility 60 miles away.
This project is a win-win-win for the Minnesota National Guard, the
local community, and our Nation's defense infrastructure. I thank the
members who supported this bill.
Mr. PACKARD. Mr. Chairman, I am in support of H.R. 4425 the FY2001
Military Construction Appropriations Act. This bill provides funds to
support our military men and women.
Mr. Chairman, the quality of life of our military service men and
women is paramount to national security. Retaining skilled, talented,
and hard-working men and women into the armed services cannot be
guaranteed without ensuring that medical facilities meet medical needs.
Our efforts to attract bright, gifted young people will struggle
without military housing that protects and serves the needs of
families. This bill makes much needed improvements on infrastructure
and represents our commitment to those who put their lives on the line
everyday to ensure that our quality of life is protected.
Mr. Chairman, H.R. 4425 also approves the Department of Defense's
three-pronged approach to military housing needs which includes:
eliminating out-of-pocket housing costs by raising the Basic Allowance
for Housing (BAH), maintaining existing levels of military construction
funding and continuing privatization projects. This legislation
recognizes the varying cost-of-living throughout the United States and
applies creative solutions to military housing needs.
I encourage my colleagues to support this legislation and continue
our commitment to our military personnel.
Mr. RYAN of Wisconsin. Mr. Chairman, I see that the committee's
report that accompanies this bill encourages the Deputy Under Secretary
of Defense for Installations to ensure that up to date building control
technologies are used in the Pentagon as that building is renovated. As
the chairman of the subcommittee that funds DOD's capital construction
budget, he understands that installing inadequate building control
systems can increase the operations costs in future years. I commend
the chairman for this wisdom.
However, the report suggests that the funding for this effort be
taken from unobligated balances in the Energy Conservation Investment
Program. The report further states that the Energy Conservation
Investment Program has unobligated balances that total $39 million. I
have received information that the unobligated balances in that account
may be much smaller. If that is the case, the funds for the Pentagon
building controls may not be available. I believe such a result is
unintended.
So I hope the Committee will look into this matter.
Mr. OLVER. Mr. Chairman, I yield back the remainder of my time.
Mr. HOBSON. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. Pursuant to the rule, the bill shall be considered for
amendment under the 5-minute rule.
During consideration of the bill for amendment, the Chair may accord
priority in recognition to a Member offering an amendment that he has
printed in the designated place in the Congressional Record. Those
amendments will be considered read.
The Chairman of the Committee of the Whole may postpone a request for
a recorded vote on any amendment and may reduce to a minimum of 5
minutes the time for voting on any postponed question that immediately
follows another vote, provided that the time for voting on the first
question shall be a minimum of 15 minutes.
The Clerk will read.
The Clerk read as follows:
H.R. 4425
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, 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, 2001, and for other
purposes, namely:
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $869,950,000, to remain available until
September 30, 2005: Provided, That of this amount, not to
exceed $99,961,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of
Defense determines that additional obligations are necessary
for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of his
determination and the reasons therefor.
Military Construction, Navy
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy as currently
authorized by law, including personnel in the Naval
Facilities Engineering Command and other personal services
necessary for the purposes of this appropriation,
$891,380,000, to remain available until September 30, 2005:
Provided, That of this amount, not to exceed $67,502,000
shall be available for study, planning, design, architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of his
determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $703,903,000, to remain
available until September 30, 2005: Provided, That of this
amount, not to exceed $56,949,000 shall be available for
study, planning, design, architect and engineer services, as
authorized by law, unless the Secretary of Defense determines
that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses
of Congress of his determination and the reasons therefor.
Military Construction, Defense-wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $800,314,000,
to remain available until September 30, 2005: 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 $77,505,000 shall be available
for study, planning, design, architect and engineer services,
as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of his determination and the reasons
therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities
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for the training and administration of the Army National
Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $137,603,000, to remain
available until September 30, 2005.
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,
$110,585,000, to remain available until September 30, 2005.
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, $115,854,000, to remain
available until September 30, 2005.
Military Construction, Naval Reserve
(including rescissions)
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, $53,004,000, to remain available until September 30,
2005: Provided further, That the funds appropriated for
``Military Construction, Naval Reserve'' under Public Law
105-45, $2,400,000 is hereby 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, $43,748,000, to remain
available until September 30, 2005.
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, $177,500,000, to remain available until
expended.
Family Housing, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension and alteration and for operation and
maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, as follows: for Construction,
$198,505,000, to remain available until September 30, 2005;
for Operation and Maintenance, and for debt payment,
$953,744,000; in all $1,152,249,000.
Family Housing, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension and alteration and for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, as follows: for
Construction, $419,584,000, to remain available until
September 30, 2005; for Operation and Maintenance, and for
debt payment, $879,208,000; in all $1,298,792,000.
Family Housing, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension and alteration and for operation and
maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, as follows: for Construction,
$241,384,000, to remain available until September 30, 2005;
for Operation and Maintenance, and for debt payment,
$820,879,000; in all $1,062,263,000.
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, for Operation and
Maintenance, $44,886,000.
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), $1,174,369,000, to remain available until expended:
Provided, That not more than $865,318,000 of the funds
appropriated herein shall be available solely for
environmental restoration, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of his determination and the reasons
therefor.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in Military
Construction Appropriations Acts shall be expended for
payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be
performed within the United States, except Alaska, without
the specific approval in writing of the Secretary of Defense
setting forth the reasons therefor.
Sec. 102. Funds appropriated to the Department of Defense
for construction shall be available for hire of passenger
motor vehicles.
Sec. 103. Funds appropriated to the Department of Defense
for construction may be used for advances to the Federal
Highway Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds appropriated in this Act may be
used to begin construction of new bases inside the
continental United States for which specific appropriations
have not been made.
Sec. 105. No part of the funds provided in Military
Construction Appropriations Acts shall be used for purchase
of land or land easements in excess of 100 percent of the
value as determined by the Army Corps of Engineers or the
Naval Facilities Engineering Command, except: (1) where there
is a determination of value by a Federal court; (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.
Sec. 110. None of the funds appropriated in Military
Construction Appropriations Acts may be used to initiate a
new installation overseas without prior notification to the
Committees on Appropriations.
Sec. 111. None of the funds appropriated in Military
Construction Appropriations Acts may be obligated for
architect and engineer contracts estimated by the Government
to exceed $500,000 for projects to be accomplished in Japan,
in any NATO member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds appropriated in Military
Construction Appropriations Acts for military construction in
the United States territories and possessions in the Pacific
and on Kwajalein Atoll, or in countries bordering the Arabian
Gulf, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor:
Provided, That this section shall not be applicable to
contract awards for which the lowest responsive and
responsible bid of a United States contractor exceeds the
lowest responsive and responsible bid of a foreign contractor
by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military
construction on Kwajalein Atoll for which the lowest
responsive and responsible bid is submitted by a Marshallese
contractor.
Sec. 113. The Secretary of Defense is to inform the
appropriate committees of Congress, including the Committees
on Appropriations, of the plans and scope of any proposed
military exercise involving United States personnel 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
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design on those projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any
funds appropriated to a military department or defense agency
for the construction of military projects may be obligated
for a military construction project or contract, or for any
portion of such a project or contract, at any time before the
end of the fourth fiscal year after the fiscal year for which
funds for such project were appropriated if the funds
obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not
exceed the amount appropriated for such project, plus any
amount by which the cost of such project is increased
pursuant to law.
(transfer of funds)
Sec. 118. During the 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. 119. The Secretary of Defense is to provide the
Committees on Appropriations of the Senate and the House of
Representatives with an annual report by February 15,
containing details of the specific actions proposed to be
taken by the Department of Defense during the current fiscal
year to encourage other member nations of the North Atlantic
Treaty Organization, Japan, Korea, and United States allies
bordering the Arabian Gulf to assume a greater share of the
common defense burden of such nations and the United States.
(transfer of funds)
Sec. 120. During the current fiscal year, in addition to
any other transfer authority available to the Department of
Defense, proceeds deposited to the Department of Defense Base
Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526) pursuant to section
207(a)(2)(C) of such Act, may be transferred to the account
established by section 2906(a)(1) of the Department of
Defense Authorization Act, 1991, to be merged with, and to be
available for the same purposes and the same time period as
that account.
Mr. HOBSON (during the reading). Mr. Chairman, I ask unanimous
consent that the remainder of the bill through page 15 line 3 be
considered as read, printed in the Record and open to amendment at any
point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
There was no objection.
The CHAIRMAN. Are there any amendments to that portion of the bill?
Mr. TRAFICANT. Mr. Chairman, I have an amendment on page 15 after
line 9.
The CHAIRMAN. The Clerk will report that section of the bill.
The Clerk read as follows:
Sec. 121. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Amendment Offered by Mr. Traficant
Mr. TRAFICANT. Mr. Chairman, I offer an amendment on page 15, after
line 9, which would be section 121(b), a new section.
The Clerk read as follows:
Amendment offered by Mr. Traficant:
On page 15, line 4, after ``Sec. 121'' insert ``(a)''.
On page 15, after line 9 insert the following:
``(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'').''
Mr. TRAFICANT. Mr. Chairman, we will be participating in building a
facility in Italy that will be covered by Italian law that will limit
all contractors to be Italians. My language is not restrictive. All it
says is, abide by our buy American law and if anybody has been
convicted of having violated it, they cannot, in fact, receive
contracts under this bill.
Now, to the best of my knowledge, there is no one at this point that
has violated it but it begins to set a precedent for those to
understand that one shall not violate the Buy American Act even though
I believe it should be stronger, but they shall not violate it under
any circumstances.
Mr. HOBSON. Mr. Chairman, will the gentleman yield?
Mr. TRAFICANT. I yield to the gentleman from Ohio.
Mr. HOBSON. Mr. Chairman, we have no objection to the amendment.
Mr. OLVER. Mr. Chairman, will the gentleman yield?
Mr. TRAFICANT. I yield to the gentleman from Massachusetts.
Mr. OLVER. Mr. Chairman, we have no objection.
Mr. TRAFICANT. Mr. Chairman, I urge an aye vote on the amendment and
on this fine bill.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Ohio (Mr. Traficant).
The amendment was agreed to.
Mr. BISHOP. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise today in support of H.R. 4425, the Military
Construction Appropriations bill for fiscal year 2000. I wish to
commend the gentleman from Ohio (Chairman Hobson) and the gentleman
from Massachusetts (Mr. Olver) and the Committee on Appropriations for
crafting a bill which provides the necessary funding to improve the
quality of life of our men and women in our armed forces.
I believe that this measure goes a long way in addressing the backlog
in readiness, revitalization and quality of life projects. The measure
before us today will fund the planning and construction of several
barracks, family housing and operational facilities.
The Second Congressional District of Georgia is home to three
military installations, Fort Benning, home of the 75th Ranger Regiment
and this year's winner of the Army Chief-of-Staff's Army Communities of
Excellence Awards; Moody Air Force Base in Valdosta, home of the 347th
Fighter Wing, and the Marine Corps Logistics Center and Materiel
Command Base in my hometown of Albany, Georgia.
I have seen firsthand the excellent work that our fighting men and
women do, often under very, very difficult circumstances. Our
responsibility is to make their jobs easier. We cannot expect to
attract qualified recruits and retain them if we provide inadequate
facilities for them while they are in.
This measure would provide Fort Benning with $24 million for Phase
III of barracks construction and $15.8 million for fixed wing aircraft
parking aprons. It provides $1.1 million for the renovation of the
vehicle storage facility at the Marine Corps Logistics Base in Albany,
and it provides $2.5 million for a badly needed water treatment plant
at Moody Air Force Base.
The portions of the bill that I just spoke of place a human face on
this debate for my constituents, Mr. Chairman. We know that we have the
most technologically advanced military in the world. Therefore, we must
continue to improve the quality of life for the men and women who are
the heart and soul of that military. This bill does a very good job of
doing just that, and, therefore, I strongly urge my colleagues to
support the measure.
Mr. HOBSON. Mr. Chairman, I ask unanimous consent that the remainder
of the bill through page 20, line 5, be considered as read, printed in
the Record and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
There was no objection.
The text of the bill from page 15, line 10, through page 20, line 5,
is as follows:
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) In providing financial assistance under this Act, the
Secretary of the Treasury shall provide to each recipient of
the assistance a notice describing the statement made in
subsection (a) by the Congress.
(transfer of funds)
Sec. 123. Subject to 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:
[[Page H3077]]
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. 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 available for
the same purposes and for the same time period as the fund to
which transferred.
Sec. 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 flag and
general officer quarters: Provided, That not more than
$25,000 per unit may be spent annually for the maintenance
and repair of any general or flag officer quarters without 30
days advance prior notification of the appropriate committees
of Congress: Provided further, That the Under Secretary of
Defense (Comptroller) is to report annually to the Committees
on Appropriations all operations and maintenance expenditures
for each individual flag and general officer quarters for the
prior fiscal year.
Sec. 128. The Army, Navy, Marine Corps, and Air Force are
directed to submit to the appropriate committees of the
Congress by July 1, 2001, a Family Housing Master Plan
demonstrating how they plan to meet the year 2010 housing
goals with traditional construction, operation and
maintenance support, as well as privatization initiative
proposals. Each plan shall include projected life cycle costs
for family housing construction, basic allowance for housing,
operation and maintenance, other associated costs, and a time
line for housing completions each year.
(transfer of funds)
Sec. 129. During fiscal year 2001, in addition to any other
transfer authority available to the Department of Defense,
funds appropriated in the Military Construction
Appropriations Act, 2000 (Public Law 106-52; 113 Stat. 259)
under the heading ``Military Construction, Naval Reserve''
and still unobligated may be transferred to the account for
``Military Construction, Navy''. Amounts transferred under
this section shall be merged with, and be available for the
same period as, the amounts in the account to which
transferred and shall be available to construct, under the
authority of section 2805 of title 10, United States Code, an
elevated water storage tank at the Naval Support Activity
Midsouth, Millington, Tennessee.
Sec. 130. Notwithstanding any other provision of law, the
Secretary of the Navy is authorized to use funds received
pursuant to section 2601 of title 10, United States Code, for
the construction, improvement, repair, and maintenance of the
historic residences located at Marine Corps Barracks, 8th and
I Streets, Washington, DC: Provided, That the Secretary
notifies the appropriate committees of Congress thirty days
in advance of the intended use of such funds.
The CHAIRMAN. Are there amendments to that portion of the bill?
Mr. EDWARDS. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I really want to come to the floor to compliment the
gentleman from Ohio (Mr. Hobson), the chairman of the subcommittee, and
the gentleman from Massachusetts (Mr. Olver), the ranking Democratic
member. The way this process works is when a bill is put together on a
thorough, careful, fair and bipartisan basis, it brings to it very
little press attention.
We will have to talk about this today because in tomorrow's
newspapers and on the evening news tonight, we will not read about the
military construction bill. It is sad that Americans will not know what
has been done here on the House today and what has led up to this fact,
because the fact is that we owe it to the men and women of this country
who put on a uniform and put their lives on the line to ensure that
they can have a quality of life; education for their children; housing
and health care for their children. Quality of life for military
servicemen and women and their families is what this military
construction bill is all about, and because of the fair and bipartisan
leadership of the gentleman from Ohio (Mr. Hobson), in his partnership
with the gentleman from Massachusetts (Mr. Olver), and the committee,
this money, these taxpayer dollars, are being spent wisely in a way
that will improve the readiness of our military forces and give the
kind of quality of care that our military servicemen and women deserve.
{time} 1230
Just one final note. I was recently on a trip with several other
Members of the House and met a young Army private who had missed the
birth, the recent birth, of his first child.
I do not know how we can ever repay somebody like that. As a father
of a 2-year-old and a 4-year-old, I cannot imagine what it would have
been like not to have been there when my wife, Lea Ann, gave birth to
our children. What a special moment for all of us in this House that
are fathers, to be there with our wives when our children are born.
But while we cannot put a dollar value on that sacrifice that that
young private of the Army gave, what we can do and are doing, under the
leadership of the chairman and the ranking member today, is saying to
our service men and women, we do appreciate them. We not only
appreciate them with our words, but with our deeds.
I want to compliment the committee leadership for a great effort on
putting together this fair and bipartisan package that makes sense for
the taxpayers and for our military.
The CHAIRMAN. Are there further amendments to the bill?
If not, the Clerk will read the last 2 lines of the bill.
The Clerk read as follows:
This Act may be cited as the ``Military Construction
Appropriations Act, 2001''.
The CHAIRMAN. If there are no further amendments, under the rule, the
Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Hayes) having assumed the chair, Mr. Barrett of Nebraska, Chairman of
the Committee of the Whole House on the State of the Union, reported
that that Committee, having had under consideration the bill (H.R.
4425) 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, pursuant
to House Resolution 502, he reported the bill back to the House with an
amendment adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
The question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
Pursuant to clause 10 of rule XX, the yeas and nays are ordered.
The vote was taken by electronic device, and there were--yeas 386,
nays 22, not voting 26, as follows:
[[Page H3078]]
[Roll No. 184]
YEAS--386
Aderholt
Allen
Andrews
Archer
Armey
Baca
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Capps
Cardin
Carson
Castle
Chabot
Chambliss
Chenoweth-Hage
Clayton
Clement
Clyburn
Coble
Coburn
Collins
Combest
Condit
Cook
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crowley
Cubin
Cummings
Cunningham
Davis (FL)
Davis (IL)
Davis (VA)
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Doolittle
Doyle
Dreier
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Ewing
Farr
Fattah
Filner
Fletcher
Foley
Forbes
Ford
Fossella
Fowler
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green (TX)
Green (WI)
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hansen
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (IN)
Hill (MT)
Hilleary
Hilliard
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Hooley
Horn
Hostettler
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Kasich
Kelly
Kennedy
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kingston
Kleczka
Knollenberg
Kolbe
Kuykendall
LaHood
Lampson
Lantos
Larson
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (NY)
Manzullo
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCrery
McGovern
McHugh
McInnis
McIntyre
McKeon
Meehan
Meek (FL)
Meeks (NY)
Menendez
Metcalf
Mica
Millender-McDonald
Miller (FL)
Miller, Gary
Miller, George
Minge
Mink
Moakley
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Napolitano
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Ose
Oxley
Packard
Pallone
Pascrell
Pastor
Pease
Pelosi
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Reyes
Reynolds
Riley
Rodriguez
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Roybal-Allard
Rush
Ryan (WI)
Ryun (KS)
Sabo
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Saxton
Scarborough
Schaffer
Schakowsky
Scott
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simpson
Sisisky
Skeen
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Spence
Spratt
Stabenow
Stearns
Stenholm
Strickland
Stump
Sununu
Sweeney
Talent
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Toomey
Towns
Traficant
Turner
Udall (CO)
Upton
Velazquez
Visclosky
Vitter
Walden
Walsh
Wamp
Waters
Watkins
Watt (NC)
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weller
Wexler
Weygand
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
NAYS--22
Barrett (WI)
Capuano
Conyers
Duncan
Frank (MA)
Klink
Kucinich
Lee
Lofgren
Markey
McDermott
McKinney
Nadler
Owens
Paul
Payne
Rivers
Royce
Sensenbrenner
Stark
Tierney
Wu
NOT VOTING--26
Abercrombie
Ackerman
Campbell
Clay
Danner
Dooley
Franks (NJ)
Gutknecht
Hinchey
Houghton
LaFalce
Largent
LoBiondo
Maloney (CT)
McCollum
McIntosh
McNulty
Neal
Salmon
Serrano
Shows
Skelton
Stupak
Udall (NM)
Vento
Weldon (PA)
{time} 1251
Messrs. CAPUANO, OWENS and PAYNE changed their vote from ``yea'' to
``nay''.
Mr. McGOVERN changed his vote from ``nay'' to ``yea''.
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. SALMON. Mr. Speaker, due to an unavoidable absence, I was unable
to be present for House consideration of H.R. 4425, Military
Construction Appropriations for FY 2001 (rollcall No. 184). Had I been
present I would have voted ``yea.''
Mr. GUTKNECHT. Mr. Speaker, I was unavoidably detained earlier today
and was not present for rollcall vote No. 184. Had I been present, I
would have voted ``aye.''
____________________