[Congressional Record Volume 148, Number 88 (Thursday, June 27, 2002)]
[House]
[Pages H4143-H4154]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2003
The SPEAKER pro tempore. Pursuant to House Resolution 462 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 5011.
{time} 1757
in the committee of the whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 5011) making appropriations for military construction, family
housing, and base realignment and closure for the Department of Defense
for the fiscal year ending September 30, 2003, and for other purposes,
with Mr. Gillmor in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Ohio (Mr. Hobson) and the
gentleman from Massachusetts (Mr. Olver) each will control 30 minutes.
The Chair recognizes the gentleman from Ohio (Mr. Hobson).
Mr. HOBSON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, it is my pleasure to present the House recommendation
for the military construction appropriations bill for fiscal year 2003.
This legislation provides funds for many types of construction projects
on military installations here in the United States and abroad.
Projects range from barracks and housing to urban assault training
ranges and runways.
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I want to particularly thank my ranking member, the gentleman from
Massachusetts (Mr. Olver), for his help in producing this bipartisan
bill. I also want to thank the committee on both sides of the aisle and
the staff on both sides of the aisle. We have worked together in unison
to produce a bipartisan bill.
In my opinion, the projects included in this bill are vital to the
security of the United States, especially at this time. Equally
important, the project contributes to the health and safety of the
troops and their families and the quality of life and their training.
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Mr. Chairman, I reserve the balance of my time.
{time} 1800
Mr. OLVER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this is a fair and bipartisan bill that deserves the
full support of all the Members of this Congress. The chairman has done
an excellent job with the resources that he has been given; however, we
are looking at a bill that is $522 million, which is 5 percent below
last year's enacted bill which of course was signed by the President,
and last year's level was determined before 9-11. I think most of us
would agree that in the wake of 9-11 there is much more that we should
be doing, including funding critical force protection projects like
perimeter fencing and better inspection stations to secure access to
our bases, including building safer barracks for our troops in
locations so they are not sleeping right next to the public highways,
including providing security and protection for stockpiles of old
chemical weapons while we get about the destruction of those
stockpiles, and including making certain that we have the capacity in
our labs and in our pharmaceutical supplies to meet multiple acts of
biological warfare.
Mr. Chairman, in the years that I have had the privilege to serve as
ranking member of this Subcommittee on Military Construction under the
excellent leadership of the gentleman from Ohio (Chairman Hobson), we
have made real progress in a bipartisan way in improving housing for
singles and for families, in improving the workplaces for the men and
women who serve America both at home and overseas. And this bill
continues our progress. But because of the cut from last year's
funding, it continues our progress more slowly in addressing the
backlog of needs. Yet it does make an important contribution to our
efforts to address the shortfall of military housing and making decent,
safe workplaces available to our servicemen and women. We cannot
continue, however, that progress if we face additional cutting in the
coming years.
Mr. Chairman, finally, I want to thank the staff from both sides of
the aisle who have worked so hard to put this bill together: Valerie
Baldwin, Brian Potts, Mary Arnold, and Luis James for the majority and
of course Tom Forhan for the minority. And I especially want to thank
Suzy DuMont of my personal staff after years of dedicated service to
the First Congressional District of Massachusetts. This will be Suzy's
last MILCON bill. Suzy has served my district and this subcommittee
well. She has been a valuable member of my staff, and I wish her all
the best as the gentleman from Massachusetts' (Mr. Meehan) legislative
director.
I urge the Members of the body to support this bill.
Mr. Chairman, I yield 3 minutes to the gentleman from California (Mr.
Farr), a member of the subcommittee.
Mr. FARR of California. Mr. Chairman, I want to thank the gentleman
from Massachusetts (Mr. Olver), the ranking member, for yielding me
this time.
I rise to engage the distinguished chairman of the Subcommittee on
Military Construction in a colloquy.
I appreciate this opportunity to have this colloquy with the
gentleman from Ohio (Mr. Hobson) to clarify and explain certain
language in the bill relating to Fort Ord in my district. The bill in
section 130 prohibits the Army from expending any money to prepare
legal documents relating to the title transfer of lands at Fort Ord
that are intended for the purposes of housing development.
If I may ask the chairman, is my characterization of section 130
correct to his understanding?
Mr. HOBSON. Mr. Chairman, will the gentleman yield?
Mr. FARR of California. I yield to the gentleman from Ohio.
Mr. HOBSON. Mr. Chairman, that is correct. Section 130 limits the
ability of the Army to prepare documents having to do with the transfer
of land at Fort Ord that is planned for housing development.
Mr. FARR of California. Mr. Chairman, if the Chairman will indulge
me, I would like to explain to him and my other colleagues that this
language was inserted into the bill not because of any action or
misaction by the Army, but as a signal to the Fort Ord community that
the thousands of acres of Federal land being given to the reuse
authority for free should be used to mitigate the housing crunch on the
central coast of California.
Despite local governments acknowledging the need for upwards of
23,000 new units to meet the housing demand, the plans for housing
development at Fort Ord contain insufficient, if not meager, units
available to the local workforce. Instead, that free Federal land will
be used to build megamansions out of financial reach for our local
workers.
With the language in this bill, title transfers are put on hold until
the plans for housing development at Fort Ord reflect a better mix of
affordable housing. The local reuse authority is aware of the urgent
nature of this language and today's debate and has agreed to re-examine
the housing development plans at Fort Ord. I feel confident that
eventually this limitation on the Army can be lifted and land transfers
for housing development at Fort Ord can proceed again.
I appreciate the Chairman's support and assistance in the matter. He
has been a tremendous help in signaling to the Fort Ord community its
need to concentrate on affordable housing, given the valuable land that
is being given to them.
Mr. HOBSON. Mr. Chairman, I am pleased to be able to assist the
gentleman on this matter. Affordable housing is a critical issue, not
just at Fort Ord but around the country. Where valuable assets are
being given outright to communities as they are under base closure
circumstances, those assets ought to be used in a manner that best
benefits that community and are not simply sold to the highest bidder.
These are never easy issues because it means discord between Federal
and local governments, but I commend the gentleman for confronting this
difficult matter. I too am confident that it will be resolved in such a
way that more affordable homes will soon be made available at Fort Ord.
Mr. FARR of California. Mr. Chairman, I thank the gentleman for his
remarks.
Mr. HOBSON. Mr. Chairman, I yield such time as he may consume to the
gentleman from Georgia (Mr. Kingston).
Mr. KINGSTON. Mr. Chairman, I thank the distinguished chairman and
the ranking member for yielding some time to me, and I just wanted to
discuss something with the chairman and enter into a colloquy about the
aviation support facility at Fort Stewart/Hunter in Savannah, Georgia.
Mr. HOBSON. Mr. Chairman, will the gentleman yield?
Mr. KINGSTON. I yield to the gentleman from Ohio.
Mr. HOBSON. Mr. Chairman, clearly the Military Construction, Army
National Guard account is a project that plans and designs an aviation
support facility at the Fort Stewart/Hunter Army airfield in Georgia,
which I might add I have landed at. The amount listed in the report is
$1,158,000; however, the amount actually required for the project is
$1,580,000. Unfortunately, an error was made in the report that we plan
to rectify as this legislation moves forward.
The gentleman from Massachusetts (Mr. Olver), the ranking member of
the subcommittee, agrees this correction is necessary.
Mr. KINGSTON. Mr. Chairman, I certainly thank the gentleman from Ohio
(Mr. Hobson), and I thank the gentleman from Massachusetts (Mr. Olver)
as well; and I also appreciate the visit that the gentleman made to
that very facility a little over a year ago. As my colleague knows from
the visit, the facility is very dilapidated and soldiers need a little
more elbow room, and they do not certainly need to be operating out of
a building that is falling apart.
Just recently, in fact, they have moved into a temporary tent
facility; but unfortunately, that even leaks when it rains and in
Savannah, Georgia, we get some heavy rains from time to time. Recently,
one of my staffers was down there to visit with them, and they actually
had to leave the tent because the leak was so bad.
I know that the gentleman from Ohio (Mr. Hobson) and the ranking
member,
[[Page H4150]]
and certainly the distinguished chairman who has also visited some of
the facilities in Georgia, know the importance of providing our troops
with the best facility possible and that these funds will go a long way
to helping our servicemen and women. So I thank the gentleman again for
everything that he has done in support of Fort Stewart/Hunter and all
the other bases and posts in Georgia.
Mr. HOBSON. Mr. Chairman, I am pleased to make these changes,
especially for such a worthwhile project.
Mr. OLVER. Mr. Chairman, I yield 2 minutes to the gentleman from
Texas (Mr. Edwards), also a member of the subcommittee.
Mr. EDWARDS. Mr. Chairman, I thank the gentleman for yielding me the
time.
Mr. Chairman, I am going to be brief, but I would like to make
several comments. First, I want to, as a member of the committee,
commend the gentleman from Ohio (Mr. Hobson), the chairman, and the
gentleman from Massachusetts (Mr. Olver), the ranking Democratic
member, for working together on a bipartisan basis once again to do the
work of our country and to provide the best services, giving a certain
amount of dollars for our servicemen and women. They have done an
outstanding job of leading this committee, and I thank them for that.
I especially want to applaud them for their continued efforts to
fight for better housing for overseas servicemen and women, people who
do not have a constituency back here with a Member of Congress fighting
for better housing for them, people who have been forgotten in decades
past but now have two leaders in this House fighting for them.
I want to commend their leadership on the new innovative RCI program,
the Residential Community Initiative program, that is going to combine
private expertise and resources with public resources to get a better
bang for the buck out of the taxpayers' money we spend and improve
housing for our military men and women.
The one concern I do want to say, Mr. Chairman, is at the end of the
day, this appropriation bill is a half a billion dollars below what we
spent last year. That was not the responsibility of the subcommittee
chairman or the ranking member. That decision was made above our pay
grade; but as we go into next year, I hope we can send a message to the
leadership of this House and to the administration that America's
battles and wars cannot just be won with technology. They have to be
won with the best and brightest of our young men and women willing to
put on their uniform, risk their lives and serve our country; and I
think it does send as a bad message to many of them that we are
spending half a billion dollars less this year on military construction
programs.
I would remind all of us, Mr. Chairman, that it is estimated that 60
percent of the servicemen and women living in government-provided
housing are living in housing that does not even meet minimum DOD
standards. We can do better; but today, given the money that this
subcommittee was afforded, the gentleman from Ohio (Mr. Hobson) and the
gentleman from Massachusetts (Mr. Olver) did an outstanding job, and I
thank them and commend them for their great efforts.
Mr. NUSSLE. Mr. Chairman, I rise today in support of H.R. 5011, the
Military Construction Appropriations Act for Fiscal Year 2003. It is
the second bill we are considering pursuant to the 302(b) allocations
filed by the Appropriations Committee on June 24th. I am pleased to
report that it is consistent with the levels established in H. Con.
Res. 353, the House concurrent resolution on the budget for fiscal year
2003, which we subsequently deemed as having the effect of a conference
report on the resolution. The budget resolution provided $393.8 billion
in budget authority for national defense, including $10 billion for a
war reserve fund. This bill funds the military construction and family
housing portion of that commitment to our men and women in uniform.
H.R. 5011 provides $10.1 billion in new budget authority and $10.1
billion in outlays for fiscal year 2003. It is therefore equal in
budget authority and outlays to the 302(b) allocation to the House
Subcommittee on Military Construction Appropriations. It does not
contain emergency-designated new BA. It does include $50 million worth
of rescissions of previously enacted BA and $3 million in related
outlays.
Accordingly, the bill complies with section 302(f) of the Budget Act,
which prohibits consideration of bills in excess of an appropriations
subcommittee's 302(b) allocation of budget authority and outlays
established in the budget resolution.
H.R. 5011 represents this House's solemn commitment to the quality of
life of those who put their lives on the line every day for our
freedom. It not only addresses the long-term infrastructure problems at
military bases, it sustains barracks, family housing, medical
facilities, and child support centers across the country and at bases
overseas. It also provides infrastructure funding for National Guard
and Reserve troops who now find themselves on the front lines of the
war against terrorism.
In conclusion, I express my support for H.R. 5011.
Mr. UNDERWOOD. Mr. Chairman, I rise in support of H.R. 5011, the bill
making appropriations for our nation's military construction needs for
Fiscal Year 2003. This bill is important legislation that will
strengthen our nation's defense capability in addition to directly
benefiting our nation's military community by improving the quality of
life for our dedicated military personnel and their families.
The bill ensures that the infrastructure and facilities at our
military installations get needed attention. Towards this end, I am
especially pleased that this bill includes $75 million in military
construction projects for Guam, protecting its strategic role to our
national security in the Western Pacific.
I am most pleased that this bill includes funding for Phase III of
the Guam Army National Guard Readiness Center. The funding will
complete the remaining designs for this Armory and provide for
necessary training, assembly, and physical fitness space that will
allow for demanded readiness and mission capability levels to be
fulfilled. Moreover, the bill includes $15 million for a new on-base
water supply system for Andersen Air Force Base, a project that will
provide a reliable and safe water supply system essential for mission,
fire protection, living conditions, and quality of life. Additionally,
I am pleased that the bill includes roughly $17 million to continue the
replacement of Andersen's hydrant fuel system, funding that will equip
the base with the largest fuel capability in the entire Pacific.
The people of Guam welcome this significant continuation in military
construction activity and appreciate the recognition this funding
provides for our people in uniform, particularly the Guam Army National
Guard. I urge passage of H.R. 5011 as it bolsters our national defense,
advances our readiness and supports our men and women in uniform. I
commend the Chairman, Mr. Hobson, and the Ranking Member, Mr. Olver,
for their work in bringing this legislation to the floor today. As
always, their leadership has been integral in the annual appropriations
process and I thank them for their efforts on behalf of our nation's
military and the people of Guam.
Ms. LEE. Mr. Chairman, the House GOP Leadership has gagged Democrats,
seniors, and our disabled community by not allowing the chance to first
offer and debate a real prescription drug plan. This undermines our
democracy, and the true meaning of representative government.
The growing elderly community, most of whom live on a fixed income,
consistently pay ridiculously high costs for prescription drugs. Many
in the disabled community, who are often ignored in this debate, are
also forced to pay an enormous amount. The high price of prescription
drugs must not concern the Republican member in this House, because
they are only willing to cover less than 25% of the Medicare
beneficiaries. This is opposite of the Democratic substitute that would
have guaranteed a benefit to everyone.
Democrats know that we must provide government guaranteed
comprehensive drug coverage. Under the Democratic plan we would have
ensured that seniors, and people with disabilities have affordable,
comprehensive, and guaranteed access to prescription drug coverage. But
nothing Democratic really matters here today. The Republican plan
allows privatization. They continue to protect their big business
donors and corporate bedfellows.
In my own district, Oakland, CA, elderly and disabled are paying up
to $2,000 more a year for basic drugs than those in Canada, Europe, and
Japan. This another example of dramatic price discrimination. Democrats
understand that this is unfair and we implore seniors across the
country to stand up to the bully-tactics that the Republicans continue
to use.
Women need prescription drugs too! More than half of the nearly 40
million Medicare beneficiaries are women. Let me remind the Republicans
that although insurance plans routinely cover prescription drugs, they
fail to cover prescription contraceptives and related medical visits
and exams. Women on Medicare spend 20% more than men on prescription
drugs, especially since prescription drugs are important for treating
chronic illnesses which increase in age.
Maybe Republicans need to be reminded that the average woman on
Medicare spends 22% of her income on out-of-pocket health
[[Page H4151]]
care expenses, including prescription drugs. And this is worse for poor
women without insurance. For poor women this figure rises to 53%.
I'm sure that seniors, the disabled community, and women would like
to know what they could received under the Democratic plan: a $25
monthly premium; a $100 yearly deductible; 80/20 cost sharing between
Medicare beneficiaries, a $2,000 maximum for medicate beneficiaries,
and a sliding scale for low income individuals for up to 150% of median
income. But we have been muzzled. We cannot even debate a real
prescription drug plan. What a shame! What a sham.
Mr. STRICKLAND. Mr. Chairman, for much of the twentieth century, our
great steel companies churned and poured out the material used to build
our nation creating the skeletons of our battleships, military
equipment and installations. Today, during floor consideration of the
Military Construction Appropriations Act of 2003 (H.R. 5011), I
intended to offer an amendment to ensure that only domestic steel could
be used for military construction. However, due to restrictions under
the rule for funding limitations, my amendment was subject to a point
of order and was not offered. For the record, I would like to fully
explain the intent of this amendment.
Mr. Speaker, my amendment to Section 108 of H.R. 5011 was designed to
help American industry ailing from the effects of globalization.
Section 108 currently states that no funds appropriated in H.R. 5011
may be used for procurement of steel for construction projects or
activities for which American Steel producers have been denied the
opportunity to compete for such steel procurement. While I support this
provision, the goal of my amendment was to strengthen that Section and
require that the funds made available in H.R. 5011 would be spent on
purchasing equipment, products or systems which contain steel
manufactured in the United States. In other words, competition is good,
but I wanted to go one step further and guarantee our military
construction contracts involve U.S. steel. Our national defense depends
on a healthy U.S. steel industry and it makes sense to offer some
federal guarantees to this struggling industry at this critical time. I
will continue to work with my colleagues in the House and the Senate to
ensure the dollars we spend will protect the security of America,
protect American jobs and the livelihood of the American Steel worker.
Mr. OLVER. Mr. Chairman, I yield back the balance of my time.
Mr. HOBSON. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule. During consideration of the bill for
amendment, the Chair may accord priority in recognition to a Member
offering an amendment that has been printed in the designated place in
the Congressional Record, and those amendments will be considered read.
The Clerk will read.
The Clerk read as follows:
H.R. 5011
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated for military
construction, family housing, and base realignment and
closure functions administered by the Department of Defense,
for the fiscal year ending September 30, 2003, and for other
purposes, namely:
Military Construction, Army
Mr. HOBSON. Mr. Chairman, I ask unanimous consent that the remainder
of the bill through page 22, line 7, be considered as read, printed in
the Record, and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
There was no objection.
The text of the bill from page 2, line 5, through page 22, line 7, is
as follows:
(including rescissions)
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, $1,514,557,000, to remain available until
September 30, 2007: Provided, That of this amount, not to
exceed $158,664,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of
Defense determines that additional obligations are necessary
for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of his
determination and the reasons therefor: Provided further,
That of the funds appropriated for ``Military Construction,
Army'' under Public Law 107-64, $5,000,000 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,
$1,245,765,000, to remain available until September 30, 2007:
Provided, That of this amount, not to exceed $94,825,000
shall be available for study, planning, design, architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of his
determination and the reasons therefor.
Military Construction, Air Force
(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, $964,302,000, to remain
available until September 30, 2007: Provided, That of this
amount, not to exceed $78,951,000 shall be available for
study, planning, design, architect and engineer services, as
authorized by law, unless the Secretary of Defense determines
that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses
of Congress of his determination and the reasons therefor.
Military Construction, Defense-Wide
(including rescission and transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $901,066,000,
to remain available until September 30, 2007: 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 $45,432,000 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 this amount, $84,400,000
shall not be available until five days after the Army
notifies the Senate and House appropriations committees that
it is able to meet milestones for construction of chemical
weapons destruction facilities agreed upon by the Office of
the Secretary of Defense and the Office of Management and
Budget.
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,
$159,672,000, to remain available until September 30, 2007.
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,
$119,613,000, to remain available until September 30, 2007.
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, $99,059,000, to remain
available until September 30, 2007.
Military Construction, Naval Reserve
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, $75,821,000, to remain available until September 30,
2007.
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, $75,276,000, to remain
available until September 30, 2007.
[[Page H4152]]
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, $168,200,000, to remain available until
expended.
Family Housing Construction, Army
(including rescission)
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension and alteration, as authorized by law,
$283,346,000, to remain available until September 30, 2007.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $1,119,007,000.
Family Housing Construction, Navy and Marine Corps
(including rescission)
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension and alteration, as authorized
by law, $380,268,000, to remain available until September 30,
2007.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $867,788,000.
Family Housing Construction, Air Force
(including rescission)
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension and alteration, as authorized by law,
$689,824,000, to remain available until September 30, 2007.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $874,050,000.
Family Housing Construction, 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, as authorized by law, $5,480,000, to remain
available until September 30, 2007.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $42,395,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $2,000,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing, and
supporting facilities.
Base Realignment and Closure Account
For deposit into the Department of Defense Base Closure
Account 1990 established by section 2906(a)(1) of the
Department of Defense Authorization Act, 1991 (Public Law
101-510), $545,138,000, 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 Sea, 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
Sea, 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.
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.
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
[[Page H4153]]
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 Sea to assume a greater share of the
common defense burden of such nations and the United States.
Sec. 120. During the current fiscal year, in addition to
any other transfer authority available to the Department of
Defense, proceeds deposited to the Department of Defense Base
Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526) pursuant to section
207(a)(2)(C) of such Act, may be transferred to the account
established by section 2906(a)(1) of the Department of
Defense Authorization Act, 1991, to be merged with, and to be
available for the same purposes and the same time period as
that account.
Sec. 121. (a) No funds appropriated pursuant to this Act
may be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
(b) No funds made available under this Act shall be made
available to any person or entity who has been convicted of
violating the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 122. (a) In the case of any equipment or products that
may be authorized to be purchased with financial assistance
provided under this Act, it is the sense of the Congress that
entities receiving such assistance should, in expending the
assistance, purchase only American-made equipment and
products.
(b) In providing financial assistance under this Act, the
Secretary of the Treasury shall provide to each recipient of
the assistance a notice describing the statement made in
subsection (a) by the Congress.
Sec. 123. Subject to 30 days prior notification to the
Committees on Appropriations, such additional amounts as may
be determined by the Secretary of Defense may be transferred
to the Department of Defense Family Housing Improvement Fund
from amounts appropriated for construction in ``Family
Housing'' accounts or construction of military unaccompanied
housing projects in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for
the same period of time as amounts appropriated directly to
the Fund: Provided, That appropriations made available to the
Fund shall be available to cover the costs, as defined in
section 502(5) of the Congressional Budget Act of 1974, of
direct loans or loan guarantees issued by the Department of
Defense pursuant to the provisions of subchapter IV of
chapter 169, title 10, United States Code, pertaining to
alternative means of acquiring and improving military family
housing and supporting facilities.
Sec. 124. (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.
Sec. 125. During the current fiscal year, in addition to
any other transfer authority available to the Department of
Defense, amounts may be transferred from the account
established by section 2906(a)(1) of the Department of
Defense Authorization Act, 1991 and from funds appropriated
for the operation and maintenance of the military departments
contained in Title II of the Department of Defense
Appropriations Act, 2003, 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. 126. 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 general or
flag 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 to 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 general or flag officer quarters for the
prior fiscal year.
Sec. 127. Notwithstanding any other provision of law, the
Secretary of the Navy is authorized to use funds received
pursuant to section 2601 of title 10, United States Code, for
the construction, improvement, repair, and maintenance of the
historic residences located at Marine Corps Barracks, 8th and
I Streets, Washington, D.C.: Provided, That the Secretary
notifies the appropriate committees of Congress 30 days in
advance of the intended use of such funds: Provided further,
That this section remains effective until September 30, 2006.
Sec. 128. Of the funds provided in previous Military
Construction Appropriations Acts, a total of $44,627,000 is
hereby rescinded, as of the date of enactment of this Act,
from the following accounts in the specified amounts to
reflect savings from favorable foreign currency fluctuations:
``Military Construction, Army'', $13,676,000.
``Military Construction, Navy'', $1,340,000.
``Military Construction, Air Force'', $10,281,000.
``Military Construction, Defense-wide'', $2,976,000.
``Family Housing Construction, Army'', $4,920,000.
``Family Housing Construction, Navy'', $2,652,000.
``Family Housing Construction, Air Force'', $8,782,000.
Sec. 129. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
Sec. 130. None of the funds made available in this Act may
be used to prepare any documents relating to the conveyance
out of United States ownership of real property at former
Fort Ord, California, intended for use for housing
development, as defined in the redevelopment plan for Fort
Ord.
Sec. 131. Amounts appropriated for a military construction
project at Camp Kyle, Korea, relating to construction of a
physical fitness center, as authorized by section 8160 of the
Department of Defense Appropriations Act, 2000 (Public Law
106-79; 113 Stat. 1274), shall be available instead for a
similar project at Camp Bonifas, Korea.
Amendment Offered By Mr. Collins
Mr. COLLINS. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Collins:
At the end of the bill (before the short title), insert the
following new section:
Sec. ____. None of the funds provided in this Act may be
used to relocate the headquarters of the United States Army,
South, from Fort Buchanan, Puerto Rico, to a location in the
continental United States.
Mr. COLLINS (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Georgia?
There was no objection.
Mr. HOBSON. Mr. Chairman, if the gentleman will yield, we are
prepared to accept the amendment.
Mr. OLVER. Mr. Chairman, if the gentleman will yield, we also are
prepared to accept the amendment.
Mr. COLLINS. Mr. Chairman, I would like to say thanks to the
gentleman from Ohio (Mr. Hobson), the chairman, and to the gentleman
from Massachusetts (Mr. Olver), the ranking member, and also to the
full committee chairman for funding a chapel at Fort Benning, Georgia,
one that burned previously this year; and it was the most desired
MILCON project at Fort Benning by the chief of the infantry, Major
General Paul Eaton. I thank them very much on behalf of the families
that are there.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Georgia (Mr. Collins).
The amendment was agreed to.
The CHAIRMAN. Are there any further amendments?
If not, the Clerk will read.
The Clerk read as follows:
This Act may be cited as the ``Military Construction
Appropriations Act, 2003''.
Mr. OBEY. Mr. Chairman, I move to strike the last word.
I wonder, Mr. Chairman, if the Chair could inform us how much time
this bill has taken today in comparison to
[[Page H4154]]
how much time the defense appropriation bill took earlier in the day. I
know the gentleman from Pennsylvania was interested.
Mr. HOBSON. Mr. Chairman, will the gentleman yield?
Mr. OBEY. I yield to the gentleman from Ohio.
Mr. HOBSON. Mr. Chairman, we hope we have completed within our time
allotment to preserve our win of previous years, and that is only due
to the cooperation of all the Members. So I am not going to talk
anymore because I may overstay my time.
{time} 1815
The CHAIRMAN (Mr. Gillmor). Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Nussle) having assumed the chair, Mr. Gillmor, Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 5011)
making appropriations for military construction, family housing, and
base realignment and closure for the Department of Defense for the
fiscal year ending September 30, 2003, and for other purposes, pursuant
to House Resolution 462, he reported the bill back to the House with an
amendment adopted by the Committee of the Whole.
The SPEAKER pro temore. Under the rule, the previous question is
ordered.
The question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
Pursuant to clause 10 of rule XX, the yeas and nays are ordered.
The vote was taken by electronic device, and there were--yeas 426,
nays 1, not voting 7, as follows:
[Roll No. 277]
YEAS--426
Abercrombie
Ackerman
Aderholt
Akin
Allen
Andrews
Armey
Baca
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett
Bartlett
Barton
Bass
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop
Blagojevich
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Boozman
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Carson (IN)
Carson (OK)
Castle
Chabot
Chambliss
Clay
Clayton
Clement
Clyburn
Coble
Collins
Combest
Condit
Conyers
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crenshaw
Crowley
Cubin
Culberson
Cummings
Cunningham
Davis (CA)
Davis (FL)
Davis (IL)
Davis, Jo Ann
Davis, Tom
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dicks
Dingell
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Ferguson
Filner
Flake
Fletcher
Foley
Forbes
Ford
Fossella
Frank
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Goss
Graham
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grucci
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Harman
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill
Hilleary
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kerns
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kingston
Kirk
Kleczka
Knollenberg
Kolbe
Kucinich
LaFalce
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Lynch
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Millender-McDonald
Miller, Dan
Miller, Gary
Miller, Jeff
Mink
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reyes
Reynolds
Riley
Rivers
Rodriguez
Roemer
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Rush
Ryan (WI)
Ryun (KS)
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Saxton
Schaffer
Schakowsky
Schiff
Schrock
Scott
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Spratt
Stark
Stearns
Stenholm
Strickland
Stump
Stupak
Sullivan
Sununu
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tiberi
Toomey
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Visclosky
Vitter
Walden
Walsh
Wamp
Waters
Watkins (OK)
Watson (CA)
Watt (NC)
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)
NAYS--1
Paul
NOT VOTING--7
Brown (SC)
Engel
Gordon
Miller, George
Roukema
Tierney
Traficant
{time} 1839
Ms. SANCHEZ changed her vote from ``nay'' to ``yea.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. BROWN of South Carolina. Mr. Speaker, on rollcall No. 277 I was
unavoidably detained. Had I been present, I would have voted ``yea.''
____________________