[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.
____________________