[Congressional Record Volume 147, Number 124 (Friday, September 21, 2001)]
[House]
[Pages H5868-H5875]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2002
The SPEAKER. Pursuant to the order of the House of today and rule
XVIII, the Chair declares the House in the Committee of the Whole of
the State of the Union for the consideration of the bill, H.R. 2904.
{time} 0905
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. 2904) making appropriations for military construction, family
housing, and base realignment and closure for the Defense Department
for the fiscal year ending September 30, 2002, and for other purposes,
with Mr. Gillmor in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the order of the House of today, September
21, 2001, the bill is considered as having been read the first time.
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 asked and was given permission to revise and extend his
remarks.)
Mr. HOBSON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, before I present the subcommittee's recommendations,
let me take a moment to address the events perpetrated on the United
States last week.
America has been hurt by these attacks, but we are far from defeated.
We will care for our wounded and mourn for those who have lost their
lives. We will repair the physical damage to our institutions and seek
out those who are responsible. We will have justice. We will stand
together, and we will emerge from this catastrophe stronger than
before.
This subcommittee is committed to working with the Defense Department
to ensure the necessary resources are available for reconstructing the
Pentagon and improving the anti-terrorism and force protection measures
of defense facilities at home and abroad.
Let me assure the Members, the funding needed to rebuild the Pentagon
will be made available from last week's $40 billion emergency spending
measure; and it is my understanding that the Department is already
moving ahead with the reconstruction effort from the first $10 billion
provided to the President.
Mr. Chairman, I would also like to point out that the portion of the
Pentagon which was damaged in the attack on September recently received
a thorough renovation. The safety improvements made as part of those
renovations, including the Kevlar window protection and the new
sprinkler system, have been credited with saving more lives from being
lost in the attack.
Although the renovation of the Pentagon was originally funded through
the Subcommittee on Defense of the Committee on Appropriations and the
Pentagon Renovation Revolving Fund, we fully expect the reconstruction
of the destroyed wedge of the building to be funded through the
military construction defense-wide appropriation.
For now, the President has encouraged America to go back to work.
This includes the Congress, and today we are moving forward with this
needed legislation to improve the quality of life for our military
personnel.
This legislation also includes numerous infrastructure and security
improvements at bases across the country. These are desperately needed
by our military forces. Force protection requirements are addressed in
every new building or major renovation, and we will continue to work
with the Department to ensure these requirements are current and met.
Therefore, it is my pleasure to present to the House the
recommendations of the military construction appropriations bill for
fiscal year 2002.
I would particularly like to thank the gentleman from Massachusetts
(Mr. Olver), my ranking member, and other members of the subcommittee
for their help in producing a bipartisan recommendation.
The bill presented to the House today totals $10.5 billion. This
represents a $1.56 billion, or 17 percent increase, from last year's
appropriation. This appropriation amount is within the 302(b)
allocation for both budget authority and outlays.
The recommendations before the House are solid, fully funded priority
projects for the services and our troops. The legislation helps meet
the needs of our military families and improves our national security
infrastructure. It is fiscally responsible, while supporting the
housing, child care and medical needs of our military.
Within the $10.5 billion, we have been able to address quality of
life issues, including $1.2 billion for troop housing, $43 million for
child development centers, $199 million for hospital and medical
facilities, $1.1 billion for new family housing units and for
improvements to existing units, and $2.9 billion for operating and
maintenance of existing family housing units.
In this bill, there is over $1.1 billion for overseas construction of
family housing. This subcommittee has seen firsthand the conditions
that our troops live and work in overseas, and we are appalled by what
we have seen. This $1.1 billion only begins to buy down these
requirements, but it will go a long way for the spirit and morale of
our servicemen and women stationed overseas.
We have worked closely with the authorizing committee; and I would
like to thank the gentleman from New Jersey (Mr. Saxton) and his staff
for their help, particularly Phil Grone, a long-time staff member who
is leaving to go down to the Defense Department.
Also this year we have had a new clerk of our committee, Valerie
Baldwin. Valerie and her staff have done a great job in her first year
as clerk.
I would also like to thank Tom Forhan of the minority staff. Tom has
traveled with us as we have gone around. He has been very helpful in
making sure that this is a bipartisan bill.
Of course, I have to thank my ranking member. The gentleman from
Massachusetts (Mr. Olver) has been a great Member. He has gone with us
all over the world looking at facilities, making sure that the
environment is protected, and where we are going for the future. He has
done a terrific job in learning this job. This is not an easy job to
learn, and he has done a great job at it.
In conclusion, this $10.5 billion is roughly 3 percent of the total
defense budget, but it directly supports the men and women in our Armed
Forces. There are critical shortfalls in our defense infrastructure;
and we believe this bill begins to address those shortfalls, in
increasing productivity, readiness, recruitment and retention, all very
vital at this most critical time in our national defense.
Mr. Chairman, I include the following tabular material for the
Record.
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[GRAPHIC] [TIFF OMITTED] TH21SE01.002
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Mr. Chairman, I reserve the balance of my time.
{time} 0915
Mr. OLVER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I want to start out by returning the thanks that the
gentleman from Ohio (Mr. Hobson), the chairman of the subcommittee has
already given. I want first to thank the chairman for his cooperation
in the production of what is truly a bipartisan bill. I want to thank
also the very excellent work that has been done by the staffs, both the
majority staff, so ably led by Valerie Baldwin, and our minority staff,
Tom Forhan from the minority, and my own personal staff, Suzanne
DuMont.
Mr. Chairman, I want to make clear that America will find no
difference between the majority and the minority in our support for the
men and women who protect America. So I endorse the comments that have
been made along those lines by the chairman.
This bill was reported out before the terrible events of last week,
but includes help on the course the President of the United States set
in America's fight against international terrorism.
Many Members know that many of our problems with military facilities
are with those facilities overseas. It is always easier to get the
required resources at home. Troops and their families serving at our
bases in foreign countries are more easily forgotten. We have railheads
that can barely be used to move equipment, vehicle maintenance shops
smaller than the vehicles they are supposed to support, and housing so
poor that, for the sake of their families, members of the armed
services are reluctant to reenlist.
This bill provides $500 million more than the President requested
earlier this year and, obviously, before the events of September 11.
The gentleman from Ohio (Mr. Hobson) and the committee have already
added to the President's requested projects that are badly needed in
the Middle East, Europe and the Far Pacific.
We have added, for instance, for separate projects a total of more
than $5 million for two special forces training ranges in the Pacific
which will be used to train our troops, our grounds troops, the Marines
and the Army, for urban combat. We have added more than $5 million for
an Air Force facility in Turkey, and there is another $12 million for
replacing the barracks in Korea. Those are some of the kinds of
examples of foreign places where the facilities are particularly
inadequate. But what we have been able to do within the allocation is
just a small step in the right direction.
We have many serious problems with our facilities overseas that
affect not only the quality of life for our troops and their families,
but our military readiness as well. We all have a responsibility to
work together to correct this grim situation.
The report for this bill begins with a declaration of the committee
support for our national efforts to recover from and respond to the
terrorist attacks. We may have our differences on a few matters, but on
this we are standing together. We need this bill to continue our
efforts, to give our support to the men and women who are protecting us
in the military. I urge the Members to support the bill.
Mr. HOBSON. Mr. Chairman, I yield 2 minutes to the gentleman from
Ohio (Mr. Traficant) for a colloquy.
Mr. TRAFICANT. Mr. Chairman, I would like to first make a brief
statement.
America certainly has been a generous Nation. We have literally
rebuilt Germany, Japan and Italy after World War II and saved France
from collapse. The Marshall Plan and the Truman Plan have saved other
countries.
I want to applaud President Bush for challenging both America and the
entire free world in one of the great speeches made in our history last
night. It is certainly helping to heal America. But there are still
some symptoms that exist that must be addressed.
In our great show of patriotism with flags waving all over America,
the news has been reported that most of these flags have been made in
China. I want to just state that China, as recently as this morning,
has announced and pledged support to President Bush and our coalition
worldwide. But on Tuesday, September 11, if that date rings a bell, the
Chinese Government signed a cooperative agreement with the Taliban
government of Afghanistan which, in fact, harbors Osama bin Laden.
I think we have to make sure that nations do not speak out of both
sides of their mouths. But my question was, when I first came over, I
have added Buy American language to respective bills. After having
looked, there were two versions of bills here. I want a clarification.
The Traficant language basically states that any grants awarded under
this bill shall be to entities that shall agree to comply with the Buy
American Act. In addition, the Traficant language says that any firm or
company that is in violation of the Buy American Act shall be
ineligible to receive grants or contracts under this bill.
I was under the impression that only one section of that existed, but
the staff of the gentleman has basically stated that both provisions
are in the bill.
Mr. Chairman, I would like to know if both of those provisions do
exist in this particular bill.
Mr. HOBSON. Mr. Chairman, if the gentleman will yield, it is my
opinion they do, as it is our intent. I am very sensitive to this. I
happen to be pursuing a similar Buy American situation in another bill
right now, which I plan to talk to the gentleman about at a later time.
Mr. Chairman, I want the gentleman to know I am very sympathetic to
that provision.
Mr. TRAFICANT. Mr. Chairman, I would like to offer that Buy American
provision with the gentleman. I want to commend the gentleman for the
great job he has done; and I also want to commend our ranking member,
the gentleman from Massachusetts (Mr. Olver) for his initiation here.
Mr. HOBSON. Mr. Chairman, I yield myself such time as I may consume.
I have no further requests for time, but I would like to do two things
before I ask my ranking member if he has any additional speakers.
First of all, I would like to thank Kenny Kraft of my personal staff
who has worked on the Hill for over 20 years. He worked on
appropriations for many, many years. He has been very helpful to me as
we put this bill together, along with the staff of the committee. Kenny
has been very loyal to our staff, and I very much appreciate that.
Also, the gentleman from Florida (Mr. Young), the chairman of the
Committee on Appropriations, feels very strongly about our military and
about the military preparedness of our troops. He had hoped to be here
this morning; he wanted to speak on this bill, but he has been
requested to be in a conference discussing other bills that are before
the Committee on Appropriations; and, therefore, he was not able to be
here. But both the gentleman from Florida (Mr. Young) and his wife,
Beverly, have traveled extensively and have a very strong feeling for
our troops and the quality of life of our troops. I want to thank them
for their support. I know that the gentleman, if he were here, would be
much more eloquent on this, but he has done a great job for us; and I
just want to say that I am sorry he is not here this morning, because I
know he wanted to do that.
Mr. Chairman, I have no further requests for time, and I would ask my
ranking member if he has any further requests for time.
Mr. OLVER. Mr. Chairman, I have no further requests for time, and I
yield back the balance of my time.
Mr. HOBSON. Mr. Chairman, I yield back the balance of my time.
Mr. UNDERWOOD. Mr. Chairman, I join my colleagues in support of H.R.
2904, legislation making appropriations for our nation's military
construction needs for FY 2002. Passage of this bill will ensure that
our military infrastructure is maintained and upgraded to meet our
increased national defense demands. Most importantly, this bill will
enhance the quality of life for our military personnel and their
families by improving the living and working conditions at our military
installations.
I am particularly pleased to note that included within this bill is
funding for several MILCON projects that will directly support Guam and
its strategic role to our national security in the Western Pacific. The
military facilities located on Guam will benefit from over $66 million
in new construction and improvements, an amount almost doubling what
Guam
[[Page H5872]]
received last year. Phase II of the Guam Army Guard Readiness Center
and the ground breaking for a Guam Air National Guard training center
will go forward as a result of this legislation. These are two very
important and desperately needed projects to maintain essential
readiness and operational capabilities. Other projects included in the
bill are a Forward Operation Location War Reserve Material Storage
Facility at Andersen Air Force Base and the modernization of the Navy's
Bachelor Enlisted Quarters and Public Works Waterfront Utilities. This
bill also contains $20 million to continue the replacement of
Andersen's hydrant fuel system, funding that will equip the base with
the largest fuel capacity in the entire Pacific.
The people of Guam welcome this significant boost in military
construction activity and appreciate the recognition given our people
in uniform, particularly the Guam Army and Air Guards. This bill
ultimately bolsters our troops, advances our readiness and strengthens
our overall defense capabilities. I commend the Chairman, Mr. Hobson,
and the Ranking Member, Mr. Olver, for their diligent work in crafting
this important legislation and I urge its passage.
Mr. NUSSLE. Mr. Chairman, I rise in favor of H.R. 2904, providing
appropriations for military construction.
H.R. 2904 provides $10.5 billion in budget authority and $9.2 billion
in outlays for fiscal year 2002. It is fully consistent with the
concurrent resolution on the budget and complies with the Congressional
Budget Act.
The bill provides exactly the amount of new budget authority
permitted under the 302(b) allocation for the Subcommittee on Military
Construction. Consequently, it complies with section 302(b) of the
Budget Act, which stipulates that appropriation bills may not exceed
the reporting subcommittee's 302(b) allocation.
The bill exceeds the level requested by the President by $529 million
in budget authority.
The bill does not designate any emergencies. Nor does it provide any
advanced appropriations. It does, however, rescind $67 million in
previously appropriated budget authority.
I commend my colleagues for working to produce a bill that is
consistent with our national priorities and the budget resolution.
Mr. BUYER. Mr. Chairman, I rise in strong support of the Fiscal Year
2002 Military Construction Appropriations bill.
This bill is good for defense, and it is good for the nation.
Equally important, it is good for the people of Indiana because it
continues to recognize their important contributions to this nations
national security, by providing funding for Grissom Air Reserve Base,
the Newport Chemical depot, and the Crane Naval Service Warfare Center.
I would like to thank Chairman Hobson for honoring my requests for
funding.
Specifically for the $66 million for Newport Chemical depot.
This funding comes on the heels of well over $145 million for Newport
over the last four years.
In addition, this bill provides $13.2 million to finish Phase III of
the Grissom Air Reserve Base Services Complex.
Over the last two years, this body has authorized $22.1 million for
phases I and II, as well as an additional $4.73 million for the
construction of a new Marine Corps Reserve Center at Grissom, and a
total of $4.8 million for three Army National Guard Maintenance Shops
in Plymouth, Logansport, and Delphi.
Lastly, this bill provides $9.11 million for a Microwave Engineering
Device Facility and $5.82 million for a Special Warfare Engineering
Facility at the Crane Naval Surface Warfare Center.
Mr. Chairman, I want to thank this body on behalf of the hard working
people of Indiana for recognizing their contributions to national
security, as well as funding the military construction projects that I
have requested.
Mr. HOBSON. Mr. Chairman, I ask unanimous consent that the bill,
through page 21, line 13, 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 through page 21, line 13, is as follows:
H.R. 2904
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, 2002, and for other
purposes, namely:
Military Construction, Army
(including rescission)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $1,739,334,000, to remain available until
September 30, 2006: Provided, That of this amount, not to
exceed $163,141,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of
Defense determines that additional obligations are necessary
for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of his
determination and the reasons therefor: Provided further,
That of the funds appropriated for ``Military Construction,
Army'' under Public Law 106-52, $36,400,000 is hereby
rescinded.
Military Construction, Navy
(including rescission)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy as currently
authorized by law, including personnel in the Naval
Facilities Engineering Command and other personal services
necessary for the purposes of this appropriation,
$1,154,248,000, to remain available until September 30, 2006:
Provided, That of this amount, not to exceed $30,972,000
shall be available for study, planning, design, architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of his
determination and the reasons therefor: Provided further,
That of the funds appropriated for ``Military Construction,
Navy'' under division A of Public Law 106-246, $19,588,000 is
hereby rescinded.
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, $1,185,220,000, to
remain available until September 30, 2006: Provided, That of
this amount, not to exceed $83,000,000 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 and rescission 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, $863,058,000,
to remain available until September 30, 2006: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as he may designate,
to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided further, That of the amount
appropriated, not to exceed $74,496,000 shall be available
for study, planning, design, architect and engineer services,
as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of his determination and the reasons
therefor: Provided further, That of the funds appropriated
for ``Military Construction, Defense-wide'' under division B,
title III, chapter 3 of Public Law 106-246, $10,250,000 is
hereby rescinded.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$313,348,000, to remain available until September 30, 2006.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$198,803,000, to remain available until September 30, 2006.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $167,769,000, to remain
available until September 30, 2006.
[[Page H5873]]
Military Construction, Naval Reserve
(including rescission)
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $62,351,000, to remain available until September 30,
2006: Provided further, That of the funds appropriated for
``Military Construction, Naval Reserve'' under division A of
Public Law 106-246, $925,000 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, $81,882,000, to remain
available until September 30, 2006.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized in Military
Construction Authorization Acts and section 2806 of title 10,
United States Code, $162,600,000, to remain available until
expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension and alteration, as authorized by law,
$294,042,000, to remain available until September 30, 2006.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $1,096,431,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension and alteration, as authorized
by law, $334,780,000, to remain available until September 30,
2006.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $910,095,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension and alteration, as authorized by law,
$536,237,000, to remain available until September 30, 2006.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $858,121,000.
Family Housing, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for construction, including
acquisition, replacement, addition, expansion, extension and
alteration, and for operation and maintenance, leasing, and
minor construction, as authorized by law, as follows: for
construction, $250,000 to remain available until September
30, 2006; for Operation and Maintenance, $43,762,000; in all
$44,012,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $2,000,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing, and
supporting facilities.
Homeowners Assistance Fund, Defense
For the Homeowners Assistance Fund established by Section
1013 of the Demonstration Cities and Metropolitan Development
Act of 1966, as amended (42 U.S.C. 3374) $10,119,000, to
remain available until expended.
Base Realignment and Closure Account
For deposit into the Department of Defense Base Closure
Account 1990 established by section 2906(a)(1) of the
Department of Defense Authorization Act, 1991 (Public Law
101-510), $552,713,000, to remain available until expended:
Provided, That not more than $511,670,000 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
[[Page H5874]]
for obligation, expired or lapsed funds may be used to pay
the cost of associated supervision, inspection, overhead,
engineering and design on those projects and on subsequent
claims, if any.
Sec. 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.
Sec. 121. (a) No funds appropriated pursuant to this Act
may be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
(b) No funds made available under this Act shall be made
available to any person or entity who has been convicted of
violating the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 122. (a) In the case of any equipment or products that
may be authorized to be purchased with financial assistance
provided under this Act, it is the sense of the Congress that
entities receiving such assistance should, in expending the
assistance, purchase only American-made equipment and
products.
(b) 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: 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, and all uses of funds pursuant to 10 U.S.C.
2601, for each individual flag and general officer quarters
for the prior fiscal year: Provided further, That nothing
herein precludes the Secretary concerned from using funds
pursuant to 10 U.S.C. 2601 or similar authority.
Sec. 128. The Army, Navy, Marine Corps, and Air Force are
directed to submit to the appropriate committees of the
Congress by July 1, 2002, 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. Of the funds made available in this Act,
$4,000,000 appropriated under the heading ``Military
Construction, Air Force'' and $4,000,000 appropriated under
the heading ``Military Construction, Defense-wide'' shall be
available to complete a military construction project for
which funds were appropriated in Public Law 107-20 under the
heading, ``Military Construction, Air Force''.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the order of the House of today, 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, and those amendments will be
considered as having been read.
Are there any amendments?
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, 2002''.
The CHAIRMAN. If there are no amendments, under the rule, the
Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Shimkus) having assumed the chair, Mr. Gillmor, 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. 2904)
making appropriations for military construction, family housing, and
base realignment and closure for the Department of Defense for the
fiscal year ending September 30, 2002, and for other purposes, pursuant
to the order of the House of today, he reported the bill back to the
House.
The SPEAKER pro tempore (Mr. Shimkus). Under the rule, the previous
question is ordered.
The question is on the engrossment and third reading of the bill.
[[Page H5875]]
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.
Under clause 10 of rule XX, the yeas and nays are ordered.
The vote was taken by electronic device, and there were--yeas 401,
nays 0, not voting 29, as follows:
[Roll No. 344]
YEAS--401
Abercrombie
Ackerman
Aderholt
Akin
Allen
Andrews
Armey
Baca
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett
Bartlett
Barton
Bass
Becerra
Bentsen
Bereuter
Berkley
Berry
Biggert
Bilirakis
Bishop
Blagojevich
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Carson (OK)
Castle
Chabot
Chambliss
Clay
Clayton
Clement
Clyburn
Coble
Collins
Combest
Condit
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crenshaw
Crowley
Cunningham
Davis (CA)
Davis (FL)
Davis (IL)
Davis, Jo Ann
Davis, Tom
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dicks
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Emerson
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Ferguson
Filner
Flake
Fletcher
Foley
Forbes
Ford
Fossella
Frank
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Gordon
Goss
Graham
Granger
Graves
Green (TX)
Green (WI)
Grucci
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Harman
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill
Hilleary
Hilliard
Hinojosa
Hobson
Hoeffel
Hoekstra
Holt
Honda
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kerns
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kingston
Kirk
Kleczka
Knollenberg
Kolbe
Kucinich
LaFalce
LaHood
Lampson
Langevin
Lantos
Largent
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Menendez
Mica
Miller, Gary
Miller, George
Mink
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reyes
Reynolds
Riley
Rivers
Rodriguez
Roemer
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roukema
Roybal-Allard
Royce
Rush
Ryan (WI)
Ryun (KS)
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Saxton
Schakowsky
Schiff
Schrock
Scott
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Spratt
Stark
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tiberi
Tierney
Toomey
Traficant
Udall (CO)
Upton
Velazquez
Visclosky
Vitter
Walden
Walsh
Wamp
Watkins (OK)
Watson (CA)
Watt (NC)
Waxman
Weiner
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)
NOT VOTING--29
Berman
Carson (IN)
Conyers
Cubin
Culberson
Cummings
Dingell
Ehrlich
Engel
Greenwood
Hansen
Hinchey
Holden
Lowey
Markey
McCrery
McKinney
Meeks (NY)
Millender-McDonald
Miller (FL)
Paul
Price (NC)
Schaffer
Towns
Turner
Udall (NM)
Waters
Watts (OK)
Weldon (FL)
{time} 0957
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. CALLAHAN. Mr. Speaker, on rollcall No. 344 I entered the chamber
just as the clerk closed the vote because I was unavoidably detained.
Had I been present, I would have voted ``yes.''
Mr. WELDON of Florida. Mr. Speaker, I was unavoidably detained during
the vote on H.R. 2904. Had I been present I would have voted ``yes'' in
favor of the bill.
Ms. McKINNEY. Mr. Speaker, on rollcall No. 344, Military Construction
Appropriations Act, had I been present, I would have voted ``yea.''
Mr. UDALL of New Mexico. Mr. Speaker, on rollcall No. 344, I was
unable to record my vote. Had I been present, I would have voted
``yea.''
Mr. WATTS of Oklahoma. Mr. Speaker; as a result of the tragic events
of September 11, 2001, I was involved in an Inter-Faith Alliance
Ministry meeting this morning at your request. Due to my participation
in this meeting, I was not present for the vote on H.R. 2904, The
Military Construction Appropriations Act for Fiscal Year 2002. Had I
been present for this vote, I would have voted ``aye.''
____________________