[Congressional Record Volume 149, Number 102 (Friday, July 11, 2003)]
[Senate]
[Pages S9279-S9283]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         MILITARY CONSTRUCTION APPROPRIATIONS, FISCAL YEAR 2004

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to the consideration of H.R. 2559, which the clerk will report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 2559) making appropriations for military 
     construction, family housing, and base realignment and 
     closure for the Department of Defense for the fiscal year 
     ending September 30, 2004, and for other purposes.

  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 a 
third time.
  The bill was read the third time.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)

  Mrs. BOXER. Mr. President, it seems that every week we 
discover additional drinking water sources that have been contaminated 
with perchlorate. More than 20 million Americans in at least 24 States 
drink water contaminated with perchlorate, including: Alabama, Arizona, 
California, Iowa, Kansas, Massachusetts, Maryland, Missouri, Nebraska, 
New Mexico, Nevada, New Jersey, New York, North Carolina, Pennsylvania, 
Texas, Utah, Washington, and West Virginia. In California alone, 
drinking water sources for up to 10 million people are contaminated 
with perchlorate. Perchlorate also contaminates much of the lower 
Colorado River, the main water source for 20 million people across the 
Southwest, including much of California, Arizona, and Nevada. Millions 
more eat produce grown with Colorado River water.
  We know that perchlorate is the main ingredient in rocket fuel, which 
accounts for 90 percent of its use. It dissolves readily in many 
liquids, including water, and moves easily and quickly. There is 
general agreement that perchlorate is highly toxic and that even at low 
concentrations perchlorate poses a serious threat to human health, 
including thyroid cancer and mental and physical retardation. The 
greatest risks are to pregnant women, newborns, and children.
  We also know that the Department of Defense (DOD) has long been not 
only the primary consumer of perchlorate but also intimately involved 
in its manufacturing. EPA believes that perchlorate may be present 
wherever rockets or rocket fuel was made--at least 162 sites in 36 
States. The California Department of Health Services has detected 
perchlorate in 292 public groundwater wells, the majority of which are 
located near facilities operated by the Department of Defense or its 
contractors. Additional information provided to the Senate by DOD 
further confirms that perchlorate contamination is potentially 
widespread and pervasive at military installations.
  The Defense Department has said that it is not willing to start 
cleanup of perchlorate until there is a national drinking water 
standard, but the Environmental Protection Agency indicates that it 
will further delay finalizing the standard for at least another 2 
years. Our military has protected the American people for centuries. 
For this, we are grateful. DOD must reaffirm that this commitment 
extends to protecting citizens within the United States from threats to 
their public health that may arise from critical defense activities. 
DOD must not adopt a delay strategy while private parties and local 
communities, such as California's Inland Empire, San Gabriel Valley, 
and the Sacramento area, adopt costly measures to assure the purity of 
drinking water supplies.
  DOD is legally obligated to clean up perchlorate and other hazardous 
waste contamination at its sites under a variety of State and Federal 
laws and regulations, including, for example, the Comprehensive 
Environmental Response, Compensation and Liability Act (Superfund), the 
Resource Conservation and Recovery Act, and State hazardous waste 
cleanup laws. Communities have already spent millions on priority 
actions to reduce the threat to Americans--and I urge the Defense 
Department to do so as well.
  Perchlorate is a clear and present danger to California's, and the 
Nation's, public health. We cannot wait any longer to address this 
threat. DOD needs to get moving and protect our drinking water sooner 
rather than later.
  Mr. NICKLES. Mr. President, I rise in support of S. 1357, the 
military construction appropriations bill for fiscal year 2004, as 
reported by the Senate Committee on Appropriations.
  I commend the distinguished chairman and the ranking member for 
bringing the Senate a carefully crafted spending bill within the 
subcommittee's 302(b) allocation and consistent with the discretionary 
spending cap for 2004.
  The pending bill provides $9.2 billion in new budget authority and 
$2.6 billion in new outlays in fiscal year 2004 for military 
construction, family housing, and base realignment and closure for the 
Department of Defense. With outlays from prior years and other 
completed actions, the Senate bill totals $9.2 billion in budget 
authority and $10.3 billion in outlays.
  All funds provided in this bill are discretionary spending. The bill 
is at the subcommittee's 302(b) allocation for budget authority and $24 
million in outlays below the 302(b) allocation. The bill provides $39 
million less budget authority and $3 million more outlays than was in 
the President's budget request.
  Mr. President, I ask unanimous consent that a table displaying the 
Budget Committee scoring of the bill be inserted in the Record at the 
conclusion of my remarks. I urge the adoption of the bill.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

      S. 1357, MILITARY CONSTRUCTION APPROPRIATIONS, 2004, SPENDING
                    COMPARISONS--SENATE-REPORTED BILL
                 (Fiscal year 2004, dollars in millions)
------------------------------------------------------------------------
                                    General
            Category                purpose     Mandatory       Total
------------------------------------------------------------------------
Senate-reported bill:
    Budget authority...........        9,196   ...........        9,196
    Outlays a/.................       10,273   ...........       10,273
Senate 302(b) allocation
    Budget authority...........        9,196   ...........        9,196
    Outlays....................       10,297   ...........       10,297
2003 level:
    Budget authority...........       10,751   ...........       10,751
    Outlays....................       10,059   ...........       10,059
President's request:
    Budget authority...........        9,235   ...........        9,235
    Outlays....................       10,270   ...........       10,270
House-passed bill:
    Budget authority...........        9,196   ...........        9,196
    Outlays....................       10,282   ...........       10,282
 
                    SENATE-REPORTED BILL COMPARED TO:
 
Senate 302(b) allocation:
    Budget authority...........  ............  ...........  ............
    Outlays....................          (24)  ...........          (24)
2003 level:
    Budget authority...........       (1,555)  ...........       (1,555)
    Outlays....................          214   ...........          214
President's request:
    Budget authority...........          (39)  ...........          (39)
    Outlays....................            3   ...........            3
House-passed bill:
    Budget authority...........  ............  ...........  ............
    Outlays....................           (9)  ...........           (9)
------------------------------------------------------------------------
Note.--Details may not add to Totals due to rounding. Totals adjusted
  for consistency with scorekeeping conventions.


[[Page S9280]]

  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. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from Wyoming (Mr. Thomas) 
is necessarily absent.
  Mr. REID. I announce that the Senator from California (Mrs. Boxer), 
the Senator from North Carolina (Mr. Edwards), the Senator from Florida 
(Mr. Graham) the Senator from South Carolina (Mr. Hollings), the 
Senator from Massachusetts (Mr. Kerry), the Senator from Connecticut 
(Mr. Lieberman), the Senator from Georgia (Mr. Miller), and the Senator 
from Washington (Mrs. Murray) are necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 91, nays 0, as follows:

                      [Rollcall Vote No. 274 Leg.]

                                YEAS--91

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Murkowski
     Nelson (FL)
     Nelson (NE)
     Nickles
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Voinovich
     Warner
     Wyden

                             NOT VOTING--9

     Boxer
     Edwards
     Graham (FL)
     Hollings
     Kerry
     Lieberman
     Miller
     Murray
     Thomas
  The bill (H.R. 2559), as amended, was passed, as follows:

                               H.R. 2559

         Resolved, That the bill from the House of Representatives 
     (H.R. 2559) 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, 2004, 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, 2004, 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, $1,255,155,000, to remain available until 
     September 30, 2008: Provided, That of this amount, not to 
     exceed $134,645,000, 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'' in previous Military Construction Appropriation Acts, 
     $183,615,000 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, 
     $1,195,659,000, to remain available until September 30, 2008: 
     Provided, That of this amount, not to exceed $77,283,000, 
     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'' in previous Military Construction Appropriation Acts, 
     $39,322,000 are rescinded.

                    Military Construction, Air Force

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Air 
     Force as currently authorized by law, $1,056,377,000, to 
     remain available until September 30, 2008: Provided, That of 
     this amount, not to exceed $112,075,000, shall be available 
     for study, planning, design, architect and engineer services, 
     as authorized by law, unless the Secretary of Defense 
     determines that additional obligations are necessary for such 
     purposes and notifies the Committees on Appropriations of 
     both Houses of Congress of his determination and the reasons 
     therefor.

                  Military Construction, Defense-wide


             (including transfer and 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, $712,567,000, 
     to remain available until September 30, 2008: 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 $70,881,000, 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'' in previous 
     Military Construction Appropriation Acts, $32,680,000 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, 
     $304,085,000, to remain available until September 30, 2008.

               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, 
     $221,013,000, to remain available until September 30, 2008.

                  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, $73,979,000, to remain 
     available until September 30, 2008.

                  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, $34,742,000, to remain available until September 30, 
     2008.

                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, $57,426,000, to remain 
     available until September 30, 2008.

                   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, $169,300,000, 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, 
     $409,191,000, to remain available until September 30, 2008: 
     Provided, That of the funds appropriated for ``Family Housing 
     Construction, Army'' in previous Military Construction 
     Appropriation Acts, $52,300,000 are rescinded.

             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, $1,043,026,000, to remain 
     available until September 30, 2005.

           Family Housing Construction, Navy and Marine Corps


                         (including rescission)

       For expenses of family housing for the Navy and Marine 
     Corps for construction, including

[[Page S9281]]

     acquisition, replacement, addition, expansion, extension and 
     alteration, as authorized by law, $184,193,000, to remain 
     available until September 30, 2008: Provided, That of the 
     funds appropriated for ``Family Housing Construction, Navy 
     and Marine Corps'' in previous Military Construction 
     Appropriation Acts, $3,585,000 are rescinded.

    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, $852,778,000, 
     to remain available until September 30, 2005.

                 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, 
     $657,026,000, to remain available until September 30, 2008: 
     Provided, That of the funds appropriated for ``Family Housing 
     Construction, Air Force'' in previous Military Construction 
     Appropriation Acts, $29,039,000 are rescinded.

          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, $834,468,000, to 
     remain available until September 30, 2005.

               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, $350,000, to remain 
     available until September 30, 2008.

         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, $49,440,000, to 
     remain available until September 30, 2005.

         Department of Defense Family Housing Improvement Fund

       For the Department of Defense Family Housing Improvement 
     Fund, $300,000, 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), $370,427,000, to remain available until expended.

               GENERAL PROVISIONS--MILITARY CONSTRUCTION

       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.


                          (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 Sea 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

[[Page S9282]]

     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 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 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, except that an after-the-fact notification shall be 
     submitted if the limitation is exceeded solely due to costs 
     associated with environmental remediation that could not be 
     reasonably anticipated at the time of the budget submission: 
     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: Provided further, That nothing herein 
     precludes the Secretary concerned from using funds pursuant 
     to 10 U.S.C. 2601.
       Sec. 126. 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. 127. No funds appropriated in this Act under the 
     heading ``North Atlantic Treaty Organization Security 
     Investment Program'', and no funds appropriated for any 
     fiscal year before fiscal year 2004 for that program that 
     remain available for obligation, may be obligated or expended 
     for the conduct of studies of missile defense.
       Sec. 128. (a) Commission on Review of Overseas Military 
     Facility Structure of the United States.--(1) There is 
     established the Commission on the Review of the Overseas 
     Military Facility Structure of the United States (in this 
     section referred to as the ``Commission'').
       (2)(A) The Commission shall be composed of 8 members of 
     whom--
       (i) 2 shall be appointed by the Majority Leader of the 
     Senate;
       (ii) 2 shall be appointed by the Minority Leader of the 
     Senate;
       (iii) 2 shall be appointed by the Speaker of the House of 
     Representatives; and
       (iv) 2 shall be appointed by the Minority Leader of the 
     House of Representatives.
       (B) Individuals appointed to the Commission shall have 
     significant experience in the national security or foreign 
     policy of the United States.
       (C) Appointments of the members of the Commission shall be 
     made not later than 45 days after the date of the enactment 
     of this Act.
       (3) Members shall be appointed for the life of the 
     Commission. Any vacancy in the Commission shall not affect 
     its powers, but shall be filled in the same manner as the 
     original appointment.
       (4) Not later than 30 days after the date on which all 
     members of the Commission have been appointed, the Commission 
     shall hold its first meeting.
       (5) The Commission shall meet at the call of the Chairman.
       (6) A majority of the members of the Commission shall 
     constitute a quorum, but a lesser number of members may hold 
     hearings.
       (7) The Commission shall select a Chairman and Vice 
     Chairman from among its members.
       (b) Duties.--(1) The Commission shall conduct a thorough 
     study of matters relating to the military facility structure 
     of the United States overseas.
       (2) In conducting the study, the Commission shall--
       (A) assess the number of forces required to be forward 
     based outside the United States;
       (B) examine the current state of the military facilities 
     and training ranges of the United States overseas for all 
     permanent stations and deployed locations, including the 
     condition of land and improvements at such facilities and 
     ranges and the availability of additional land, if required, 
     for such facilities and ranges;
       (C) identify the amounts received by the United States, 
     whether in direct payments, in-kind contributions, or 
     otherwise, from foreign countries by reason of military 
     facilities of the United States overseas;
       (D) assess whether or not the current military basing and 
     training range structure of the United States overseas is 
     adequate to meet the current and future mission of the 
     Department of Defense, including contingency, mobilization, 
     and future force requirements;
       (E) assess the feasibility and advisability of the closure 
     or realignment of military facilities of the United States 
     overseas, or of the establishment of new military facilities 
     of the United States overseas; and
       (F) consider or assess any other issue relating to military 
     facilities of the United States overseas that the Commission 
     considers appropriate.
       (3)(A) Not later than August 30, 2004, the Commission shall 
     submit to the President and Congress a report which shall 
     contain a detailed statement of the findings and conclusions 
     of the Commission, together with its recommendations for such 
     legislation and administrative actions as it considers 
     appropriate.
       (B) In addition to the matters specified in subparagraph 
     (A), the report shall also include a proposal by the 
     Commission for an overseas basing strategy for the Department 
     of Defense in order to meet the current and future mission of 
     the Department.
       (c) Powers.--(1) The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out this section.
       (2) The Commission may secure directly from any Federal 
     department or agency such information as the Commission 
     considers necessary to carry out this section. Upon request 
     of the Chairman of the Commission, the head of such 
     department or agency shall furnish such information to the 
     Commission.
       (3) Upon request of the Commission, the Administrator of 
     General Services shall provide to the Commission, on a 
     reimbursable basis, the administrative support necessary for 
     the Commission to carry out its duties under this section.
       (4) The Commission may use the United States mails in the 
     same manner and under the same conditions as other 
     departments and agencies of the Federal Government.
       (5) The Commission may accept, use, and dispose of gifts or 
     donations of services or property.
       (d) Personnel Matters.--(1) Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission under this section. All members of the 
     Commission who are officers or employees of the United States 
     shall serve without compensation in addition to that received 
     for their services as officers or employees of the United 
     States.
       (2)(A) Members of the Commission shall be allowed travel 
     expenses, including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Commission under this section.
       (B) Members and staff of the Commission may receive 
     transportation on aircraft of the Military Airlift Command to 
     and from the United States, and overseas, for purposes of the 
     performance of the duties of the Commission to the extent 
     that such transportation will not interfere with the 
     requirements of military operations.
       (3)(A) The Chairman of the Commission may, without regard 
     to the civil service laws and regulations, appoint and 
     terminate an executive director and such other additional 
     personnel as may be necessary to enable the Commission to 
     perform its duties under this section. The employment of an 
     executive director shall be subject to confirmation by the 
     Commission.
       (B) The Commission may employ a staff to assist the 
     Commission in carrying out its duties. The total number of 
     the staff of the Commission, including an executive director 
     under subparagraph (A), may not exceed 12.
       (C) The Chairman of the Commission may fix the compensation 
     of the executive director and other personnel without regard 
     to chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates, except that the rate of pay 
     for the executive director and other personnel may not exceed 
     the rate payable for level V of the Executive Schedule under 
     section 5316 of such title.
       (4) Any employee of the Department of Defense, the 
     Department of State, or the General

[[Page S9283]]

     Accounting Office may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (5) The Chairman of the Commission may procure temporary 
     and intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (e) Security.--(1) Members and staff of the Commission, and 
     any experts and consultants to the Commission, shall possess 
     security clearances appropriate for their duties with the 
     Commission under this section.
       (2) The Secretary of Defense shall assume responsibility 
     for the handling and disposition of any information relating 
     to the national security of the United States that is 
     received, considered, or used by the Commission under this 
     section.
       (f) Termination.--The Commission shall terminate 45 days 
     after the date on which the Commission submits its report 
     under subsection (b).
       (g) Funding.--(1) Of the amount appropriated by this Act, 
     $3,000,000 shall be available to the Commission to carry out 
     this section.
       (2) The amount made available by paragraph (1) shall remain 
     available, without fiscal year limitation, until September 
     2005.
       This Act may be cited as the ``Military Construction 
     Appropriations Act, 2004''.

  Mr. LUGAR. Mr. President, I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. Under the previous order, the Senate insists 
on its amendment and requests a conference with the House on the 
disagreeing votes on this measure.
  The Presiding Officer appointed Mrs. Hutchison, Mr. Burns, Mr. Craig, 
Mr. DeWINE, Mr. Brownback, Mr. Stevens, Mrs. Feinstein, Mr. Inouye, Mr. 
Johnson, Ms. Landrieu, and Mr. Byrd conferees on the part of the 
Senate.
  The PRESIDING OFFICER. The Senator from Indiana.

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