[Congressional Record Volume 147, Number 127 (Wednesday, September 26, 2001)]
[Senate]
[Pages S9828-S9833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2002

  Mr. REID. Mr. President, I ask unanimous consent that the 
Appropriations Committee be discharged from further consideration of 
H.R. 2904, the Military Construction Appropriations bill, and that the 
Senate then proceed to its consideration; that immediately after the 
bill is reported, Senator Feinstein be recognized to offer a substitute 
amendment, which is the text of S. 1460, the Senate committee reported 
bill; that the amendment be agreed to and considered as original text 
for the purpose of further amendment, and the motion to reconsider be 
laid upon the table; that the only other amendment be a managers' 
amendment; that the debate time on the bill and managers' amendment be 
limited to 40 minutes, equally divided and controlled in the usual 
form; that upon disposition of the managers' amendment, the motion to 
reconsider be laid upon the table; that the bill be read a third time, 
and the Senate vote on passage of the bill.
  The PRESIDING OFFICER. Is there objection?
  Mr. KYL. Mr. President, I simply didn't hear what the assistant 
majority leader just said.
  Mr. REID. I just basically said we are going to move to the military 
construction appropriations bill.
  Mr. KYL. Was that the nature of the unanimous consent request?
  Mr. REID. Yes.
  Mr. President, I further ask unanimous consent that the Senate insist 
on its amendment, request a conference with the House on the 
disagreeing votes of the two Houses, and the Chair be authorized to 
appoint conferees on the part of the Senate with the above occurring 
with no intervening action or debate.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mr. REID. Mr. President, I ask unanimous consent that the vote on 
passage of the bill, H.R. 2904, occur immediately, with the time for 
debate on the bill to occur following the vote.
  The PRESIDING OFFICER. Under the order, the bill is discharged from 
the committee.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 2904) making appropriations for military 
     construction, and for other purposes.

  Mrs. FEINSTEIN. Mr. President, I am very pleased to join with my 
ranking member, Senator Hutchison of Texas, to bring before the Senate 
the 2002 military construction appropriations bill and report. I point 
out that it is a bipartisan bill, it is carefully thought out, it is 
carefully balanced, and it is timely.
  The bill provides $10.5 billion in new budget authority. This 
represents a 17.5-percent increase over the fiscal year 2001 funding 
level and a 5.3-percent increase over the President's budget request. 
The bill, as reported from the committee, meets the budgetary authority 
and outlay limits established in the subcommittee's 302(b) allocation.
  This is a robust bill, but it is a carefully considered and carefully 
balanced bill. Our goal from the outset has been to address the highest 
priority military construction requirements, both at home and abroad. 
The final product is the balanced mix of readiness projects, barracks 
and family housing projects, quality-of-life programs, such as child 
development centers, and an array of Reserve component initiatives.
  It is the military construction bill that funds the installations--
the home ports and the home bases--of our troops and ships and 
aircraft. It is the military construction bill that builds the piers 
and hangars and maintenance shops and operational centers that ready 
our troops and equipment for deployment. It is this bill that builds 
the barracks and family housing and childcare centers and medical 
facilities that serve America's military troops and their families. 
This bill funds the infrastructure that provides the foundation for 
training and preparing our military to fight, and for housing their 
families when they are away.
  Given the events of the past few weeks, and the events that we expect 
to unfold over the coming weeks and months, this bill could not be more 
timely. The bill was reported out of the full Appropriations Committee 
only

[[Page S9829]]

yesterday. We moved it to the floor today in acknowledgement of the 
pressures under which we are currently operating. Our men and women in 
uniform cannot afford any delay in getting these projects underway.
  Although the bill exceeds the President's budget request, it barely 
scratches the surface of the enormous need for infrastructure 
improvements at our military installations throughout the world. It is 
not overstating the case to say that many of our men and women in 
uniform work in deplorable conditions at their installations and often 
have no choice but to live in houses and neighborhoods that are 
substandard and unsafe. We have a duty to provide better for the 
members of our military and their families, especially at a time when 
the President has ordered them to ``be ready'' for war.
  Briefly, I wish to outline some of the pertinent statistics.
  The bill provides $4.7 billion for military construction for active 
duty components and nearly $800 million for the Reserve components.
  Total military construction funded in this bill represents a 30-
percent increase over the fiscal year 2001 enacted level, and a 5.8-
percent increase over the President's request.
  A large part of this increase is due to the acceleration of our 
efforts to upgrade barracks for our troops. The military construction 
total includes $1.2 billion for barracks construction, a 72-percent 
increase over the amount appropriated in fiscal year 2001.
  The bill also includes $4.1 billion for family housing, a 12.9-
percent increase over fiscal year 2001. As you can see from these 
figures, barracks and family housing projects are among the highest 
priorities of the subcommittee, reflecting the importance of improving 
living conditions for our men and women in uniform.
  I point out that all the projects the ranking member and I and the 
subcommittee and the committee recommended were thoroughly screened and 
vetted with the services. They meet the rigid criteria imposed by law 
and by the Senate Armed Services Committee. They are good projects and 
they are needed projects.
  The money added in this bill for BRAC environmental cleanup will help 
the services to meet their most urgent requirements. But I wish to 
point out that it is going to take far more money and far more 
realistic budgeting--and I stress that because there has not been 
realistic budgeting in some of the services for cleanup of closed BRAC 
bases--to meet the long-range requirements imposed by the BRAC 
environmental remediation process.
  Before I yield the floor, I once again thank the ranking member, my 
friend from Texas, Senator Hutchison. She and her staff on the 
Republican side have been extraordinarily cooperative. I wish to 
acknowledge that and express my delight in the way in which we have 
been able to work together.
  I also thank the Appropriations Committee staff for their work on 
this bill. They have worked very hard, and I can certainly testify that 
Christina Evans and B.G. Wright of the majority staff, and Sid Ashworth 
and John Kem of the minority staff, and Matt Miller of my staff have 
just been tremendous.
  I am very grateful for the cooperation that will make this unanimous 
vote possible. This is an important bill for our Nation and our 
military forces. I now defer to the distinguished ranking member from 
Texas.
  The PRESIDING OFFICER. The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, I, too, thank the chairman of the 
Military Construction Subcommittee. Senator Feinstein and I have a 
long-time friendship. We have been able to work in a bipartisan way to 
meet the needs of our military, and I appreciate so much the working 
relationship we have.
  Congress addresses the needs of our military in two separate 
appropriations bills: Defense and military construction. The bill we 
will pass today is military construction.
  I could not fail to begin without saying none of us anticipated that 
in September of 2001 our country would be in a war on terrorism, a war 
that we did not expect but which we are committed to win. We are 
reminded once again, as we have been in every century of our country's 
existence, that freedom is not free.
  As our forefathers and mothers did before us, we will make all the 
sacrifices required to protect the freedom they delivered to us, and we 
will pass the torch to our children. America will remain the strongest 
nation in the history of the world.
  I am pleased to recommend the military construction bill to the 
Senate. We have sought a balanced bill that addresses military 
construction requirements for readiness, family housing, barracks, and 
quality of life for the Active and Reserve components. I would like to 
make a couple of comments about overseas military construction.
  We took a close look at the overseas construction priorities of the 
Department of Defense to ensure the projects are consistent with the 
long-range policies and plans of the Department of Defense. There are a 
few areas that are troubling that I want to bring to everyone's 
attention.

  The United States maintains over 74 installations outside the United 
States. These installations subsume funding that in some cases could 
have been better used to maintain or improve our critical domestic base 
infrastructure and training capabilities. It is important that we 
continue to closely monitor the overseas funding plans of the 
Department of Defense.
  In the fiscal year 2002 military construction bill, we did not fund 
three of the overseas projects in the budget submission that either 
could not be executed next year or are not mission essential. In a 
resource-constrained environment, these are the types of projects I 
cannot support. During conference, I expect to continue to closely 
scrutinize overseas construction.
  I also note that this bill includes $192 million for military 
construction in Korea. United States forces have now served in Korea 
for over 50 years. The funding in this bill represents a continuing 
American commitment to our Korean allies. I hope that in the aftermath 
of the September 11 attack on America, our Korean allies will 
demonstrate a similar commitment as our Nation responds to that attack.
  Finally, our close scrutiny and review of the overseas funding 
priorities will obviously continue next year based on the results of 
the ongoing Quadrennial Defense Review, as well as any necessary future 
military construction resulting from the attack on America on September 
11, 2001.
  This bill directs the Secretary of Defense to submit a report on the 
overseas basing requirements as a result of the Quadrennial Defense 
Review to the Congress no later than April 1, 2002. All the Members of 
Congress who have visited the men and women of the Armed Forces at our 
domestic and overseas installations are aware of the critical 
shortfalls in our defense infrastructure. This bill begins to address 
those shortfalls.
  It improves our national security infrastructure and our ability to 
support the needs of our military families. This is especially vital at 
this important time as America comes together to fight terrorism. We 
will ask more of the men and women of our Armed Forces, and we cannot 
ask them at the same time to live, train, and deploy from installations 
that cannot support their readiness and requirements.
  I urge my colleagues to support this bill. Our civilian and military 
leaders and our warriors must go to battle knowing the Senate is 
committed to ensuring that our defense and military infrastructure 
requirements are met. America is united in our cause, and Congress will 
provide the support to win.
  Again, I thank Senator Feinstein for working in such a great 
bipartisan way to fund the requirements for military construction. I 
also thank her staff, Tina Evans, and B.G. Wright, for working with my 
staff. I want to especially point out the extraordinary experience and 
knowledge of Sid Ashworth, who has been on the Appropriations 
Subcommittee for Military Construction and who, with all due respect, 
probably knows more than all of us put together. I thank her for her 
help in getting this bill done, with able help from my staff, Michael 
Ralsky.
  As I yield the floor, I am thankful for the resolve of our country 
and the unity we are showing in the Senate.
  The PRESIDING OFFICER. The Senator from California.

[[Page S9830]]

  Mrs. FEINSTEIN. Mr. President, once again, I thank the ranking member 
for her cooperation, and I thank the staff.
  I want to have printed in the Record a letter from the Department of 
the Navy specifically on the subject of the Hunters Point Naval 
Shipyard cleanup. There have been real problems in this cleanup which 
has been characterized by delay and the inability to move forward. One 
major event was a toxic fire underground that burned undetected for 2 
weeks before it was put out. I think the Navy understands certainly my 
depth of feeling, and I think it is supported by the ranking member, 
that they move expeditiously to clean up this base. This letter states 
their determination to do so.
  I ask unanimous consent that the letter be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                           Department of the Navy,


                              Assistant Secretary of the Navy,

                               Washington, DC, September 25, 2001.
     Hon. Dianne Feinstein,
     Chairman, Subcommittee on Military Construction, Committee on 
         Appropriations, U.S. Senate, Washington, DC.
       Dear Madam Chairman: I am writing in response to your 
     queries regarding the Department of the Navy's environmental 
     clean-up program at the former Hunters Point Naval Shipyard.
       The Navy fully shares your commitment to completing the 
     environmental remediation of the former Hunters Point Naval 
     Shipyard. While progress on the remediation efforts may have 
     been inadequate in the past, I can assure you that the Navy 
     is committed to fully funding the cleanup of Hunters Point, 
     and to moving expeditiously to complete this top priority 
     project on schedule.
       With help from your Committee, the Navy is prepared to 
     execute the total projected FY 2002 program of $50.6 million 
     at Hunters Point. Deputy Assistant Secretary Holaday has been 
     meeting with your staff on this issue, and is working with 
     other congressional committee staff to ensure they understand 
     the importance the Department places on receiving full 
     funding for Hunters Point.
       I would be happy to meet with you to discuss this issue 
     more fully. I look forward to working closely with you and 
     with the local community to successfully complete the 
     environmental remediation and property transfer at Hunters 
     Point.

                                                     H.T. Johnson.


                           Amendment No. 1692

  Mrs. FEINSTEIN. Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from California [Mrs. Feinstein], for herself 
     and Mrs. Hutchison, proposes an amendment numbered 1692.

  Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted''.)
  The PRESIDING OFFICER. The Senator from Texas.


                           Amendment No. 1693

  Mrs. HUTCHISON. Mr. President, I send an amendment to the desk. It 
has been cleared.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Texas [Mrs. Hutchison] proposes an 
     amendment numbered 1693.

  The amendment (No. 1693) is as follows:

   (Purpose: To provide funding for a feasibility study regarding an 
            access road at the Pine Bluff Arsenal, Arkansas)

       Insert at the appropriate place in the bill the following 
     new item:
       Of the funds available under the heading ``Military 
     Construction, Defense-wide'', for the Pine Bluff Ammunition 
     Demilitarization Facility (Phase VI), the Department may 
     spend up to $300,000 to conduct a feasibility study of the 
     requirement for a defense road at Pine Bluff Arsenal, 
     Arkansas.

  Mrs. HUTCHISON. Mr. President, I ask unanimous consent it be added to 
the managers' amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1693) was agreed to.
  The PRESIDING OFFICER. The managers' amendment is agreed to.
  The amendment (No. 1692) was agreed to.
  Mr. Conrad. Mr. President, I rise to offer for the Record the Budget 
Committee's official scoring for S. 1460, the Military Construction 
Appropriations Act for Fiscal Year 2002.
  The Senate bill provides $10.5 billion in discretionary budget 
authority, all classified as defense spending, which will result in new 
outlays in 2002 of $2.741 billion. When outlays from prior-year budget 
authority are taken into account, discretionary outlays for the Senate 
bill total $9.253 billion in 2002. The Senate bill is within its 
section 302(b) allocation for budget authority and outlays. Once again, 
the committee has met its target without the use of any emergency 
designations.
  I again commend Chairman Byrd and Senator Stevens, as well as 
Senators Feinstein and Hutchison, for their bipartisan effort in moving 
this and other appropriations bills quickly to make up for the late 
start in this year's appropriations process. The tragic events of 
September 11 demand that this bipartisanship continue and that the 
Congress expeditiously complete work on the 13 regular appropriation 
bills for 2002.
  I ask unanimous consent that a table displaying the budget committee 
scoring of this bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

    S. 1460, MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2002 SPENDING
                    COMPARISONS--SENATE-REPORTED BILL
                        [In millions of dollars]
------------------------------------------------------------------------
                                     Defense     Mandatory      Total
------------------------------------------------------------------------
Senate-reported bill:
  Budget Authority...............       10,500            0       10,500
  Outlays........................        9,253            0        9,253
Senate 302(b) allocation \1\:
  Budget Authority...............       10,500            0       10,500
  Outlays........................        9,294            0        9,284
House-reported:
  Budget Authority...............       10,500            0       10,500
  Outlays........................        9,202            0        9,202
President's request:
  Budget Authority...............        9,972            0        9,972
  Outlays........................        9,165            0        9,165
 
 SENATE-REPORTED BILL COMPARED TO
 
Senate 302(b) allocation \1\:
  Budget Authority...............            0            0            0
  Outlays........................         (31)            0         (31)
House-reported:
  Budget Authority...............            0            0            0
  Outlays........................           51            0           51
President's request:
  Budget Authority...............          528            0          528
  Outlays........................           88            0           88
------------------------------------------------------------------------
\1\ For enforcement purposes, the budget committee compares the Senate-
  reported bill to the Senate 302(b) allocation.
 
Notes.--Details may not add to totals due to rounding. Totals adjusted
  for consistency with scorekeeping conventions.

  Mr. REID. Mr. President, the majority leader asked me to announce 
this will be the last vote today and that the next vote will be Tuesday 
morning.
  I ask for the yeas and nays.
  Mrs. HUTCHISON. Mr. President, I wanted to clarify that my amendment 
was added to the managers' amendment and the managers' amendment was 
agreed to by unanimous consent.
  The PRESIDING OFFICER. That is correct.
  Mr. REID. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The question is on the engrossment of the 
amendment and third reading of the bill.
  The amendment was ordered to be engrossed and the bill to be read the 
third time.
  The bill was read a third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  The yeas and nays have been ordered, and the clerk will call the 
roll.
  The legislative clerk called the roll.
  Mr. REID. I announce that the Senator from Delaware (Mr. Biden), the 
Senator from California (Mrs. Boxer) and the Senator from Connecticut 
(Mr. Dodd) are necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 97, nays 0, as follows:

                      [Rollcall Vote No. 288 Leg.]

                                YEAS--97

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Domenici

[[Page S9831]]


     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham
     Gramm
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                             NOT VOTING--3

     Biden
     Boxer
     Dodd
  The bill (H.R. 2904), as amended, was passed, as follows:
         Resolved, That the bill from the House of Representatives 
     (H.R. 2904) entitled ``An Act 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.'', do pass 
     with the following amendment:
       Strike out all after the enacting clause and insert: 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, $1,668,957,000, to remain available until 
     September 30, 2006: Provided, That of this amount, not to 
     exceed $176,184,000 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 division A of Public Law 106-246, $26,400,000 
     are 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, 
     $1,148,633,000, to remain available until September 30, 2006: 
     Provided, That of this amount, not to exceed $37,332,000 
     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 
     are rescinded.

                    Military Construction, Air Force


                         (including rescission)

       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, $1,148,269,000, to 
     remain available until September 30, 2006: Provided, That of 
     this amount, not to exceed $83,420,000 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, Air Force'' under previous Military 
     Construction Acts, $4,000,000 are rescinded.

                  Military Construction, Defense-wide


             (including transfer and rescissions 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, $881,058,000, 
     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 $88,496,000 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 A 
     of Public Law 106-246, $55,030,000 are rescinded: Provided 
     further, That of the funds appropriated for ``Military 
     Construction, Defense-wide'' under division B of Public Law 
     106-246, $10,250,000 are rescinded: Provided further, That of 
     the funds appropriated for ``Military Construction, Defense-
     Wide'' under previous Military Construction Acts, $4,000,000 
     are 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, 
     $378,549,000, 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, 
     $222,767,000, 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, $111,404,000, to remain 
     available until September 30, 2006.

                  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, $33,641,000, to remain available until September 30, 
     2006: Provided, That of the funds appropriated for ``Military 
     Construction, Naval Reserve'' under division A of Public Law 
     106-246, $925,000 are 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, $53,732,000, 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, 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, 
     $312,742,000, to remain available until September 30, 2006; 
     for Operation and Maintenance, and for debt payment, 
     $1,108,991,000; in all $1,421,733,000.

                 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, $312,600,000, to remain available until 
     September 30, 2006; for Operation and Maintenance, and for 
     debt payment, $918,095,000; in all $1,230,695,000.

                       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, 
     $550,703,000, to remain available until September 30, 2006; 
     for Operation and Maintenance, and for debt payment, 
     $869,121,000; in all $1,419,824,000.

                      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.

[[Page S9832]]

         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, Part IV

       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), $682,200,000, to remain available until expended.

                           GENERAL PROVISIONS

       Sec. 101. None of the funds appropriated in Military 
     Construction Appropriations Acts shall be expended for 
     payments under a cost-plus-a-fixed-fee contract for 
     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 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.


                          (transfer of funds)

       Sec. 121. 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. 122. 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. 123. (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. 124. During the current fiscal year, in addition to 
     any other transfer authority available to the Department of 
     Defense, amounts

[[Page S9833]]

     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. 125. 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 
     $35,000 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. 126. In addition to the amounts provided in Public Law 
     107-20, of the funds appropriated under the heading 
     ``Military Construction, Air Force'' in this Act, $8,000,000 
     is to remain available until September 30, 2005: Provided, 
     That notwithstanding any other provision of law, such funds 
     may be obligated or expended to carry out planning and design 
     and military construction activities at the Masirah Island 
     Airfield in Oman, not otherwise authorized by law.
       Sec. 127. Not later than 90 days after the enactment of 
     this bill, the Secretary of Defense shall submit to the 
     congressional defense committees a master plan for the 
     environmental remediation of Hunters Point Naval Shipyard, 
     California. The plan shall identify an aggregate cost 
     estimate for the entire project as well as cost estimates for 
     individual parcels. The plan shall also include a detailed 
     cleanup schedule and an analysis of whether the Department is 
     meeting legal requirements and community commitments. 
     Following submission of the initial report, the Department 
     shall submit semi-annual progress reports to the 
     congressional defense committees.
       Sec. 128. Of the funds available under the heading 
     ``Military Construction, Defense-wide'', for the Pine Bluff 
     Ammunition Demilitarization Facility (Phase VI) the 
     Department may spend up to $300,000 to conduct a feasibility 
     study of the requirement for a defense road at Pine Bluff 
     Arsenal, Arkansas.
       This Act may be cited as the ``Military Construction 
     Appropriations Act, 2002''.

  Mrs. HUTCHISON. Madam President, I move to reconsider that vote, and 
I move to lay that motion on the table.
  The PRESIDING OFFICER (Mrs. Carnahan). Without objection, it is so 
ordered.
  Under the previous order, the Senate insists on its amendment, 
requests a conference with the House on the disagreeing votes of the 
two Houses, and the Chair appoints the following conferees on the part 
of the Senate:
  Mrs. Feinstein, Mr. Inouye, Mr. Johnson, Ms. Landrieu, Mr. Reid of 
Nevada, Mr. Byrd, Mrs. Hutchison of Texas, Mr. Burns, Mr. Craig, Mr. 
DeWine, and Mr. Stevens.
  Mrs. FEINSTEIN. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. LEVIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________