[Congressional Record Volume 150, Number 113 (Monday, September 20, 2004)]
[Senate]
[Pages S9373-S9377]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2005
The PRESIDING OFFICER. Under the previous order, the hour of 5:20
p.m. having arrived, the Senate will resume consideration of H.R. 4837,
which the clerk will report.
The legislative clerk read as follows:
A bill (H.R. 4837) making appropriations for military
construction, family housing, and base realignment and
closure for the Department of Defense for the fiscal year
ending September 30, 2005, and for other purposes.
The PRESIDING OFFICER. There will now be 10 minutes of debate,
equally divided, prior to the vote on passage of the bill. The 5
minutes on the Democratic side has already been consumed.
The Senator from Texas is recognized.
Mrs. HUTCHISON. How much time is remaining on either side?
The PRESIDING OFFICER. The majority side has 5 minutes. The minority
side has exhausted its time.
Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the
Senator from California get 2\1/2\ minutes of the majority time.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mrs. HUTCHISON. Mr. President, this is a bill that is cut and dried.
My distinguished colleague, Senator Feinstein, and I have worked very
closely on this bill. We are in agreement on its
[[Page S9374]]
priorities. I think it is a good bill for the military construction of
our country.
I don't need to go over the details of the bill. Here is the bottom
line: We are trying to fund the necessary military construction that
will give a better quality of life and better facilities to those who
are doing the job we are asking them to do. It is a pretty important
job. They are protecting the freedom we enjoy today. It is that simple.
Our bill has prioritized housing, facilities where people will be
trained, and especially Guard and Reserve units. In the past, I think
we have shortchanged our Guard and Reserve. But we now see how
important our Guard and Reserve are, how much they are doing for our
country. They are being called in record numbers, and they are stepping
to the plate and doing their job. So we have focused on a bill that
would give more of our Guard and Reserve better facilities, which they
so richly deserve.
We have more child development centers because we have more families
in the military than before. We have more hospitals and medical
facilities because, of course, we want to make sure we have proper
medical treatment for our young men and women who are in our Armed
Forces and for their families. So I think we have taken our allocation,
which is $10 billion, and we have prioritized it to make a better
quality of life for those who are giving their lives for our freedom. I
think it is a good bill, and I am proud to ask my colleagues to support
it.
The PRESIDING OFFICER. The Senator from California is recognized.
Mrs. FEINSTEIN. Mr. President, I thank the distinguished chairman. It
is always a great privilege for me to work with her. Her leadership has
been superb, and I can easily say I agree with everything she has just
so well stated.
The chairman mentioned that this is a $10 billion bill. It is up 2.5
percent over last year. It funds environmental remediation. There is
$4.5 billion for Active-Duty military construction, $1 billion for new
barracks, and $814 million for Reserve component facilities. That is 31
percent greater than the President's budget request. It includes $361
million for BRAC environmental cleanup, including revenue from Navy
land sales, and $188 million for medical and dental clinics and
hospitals. The bill also includes $4.2 billion--more than 40 percent of
the total funding--for improved family housing for service members and
their families.
Mr. President, this is a good bill. I would be very hopeful that the
Senate would accept it unanimously. Again, I thank the chair for her
leadership. I thank the majority staff and the minority staff as well.
I yield the floor.
Mr. NICKLES. Mr. President, the pending Military Construction
appropriations bill for FY 2005--S. 2674--as reported by the Senate
Committee on Appropriations, provides $10.003 billion in budget
authority and $9.995 billion outlays in FY 2005. This amount is $449
million above the President's request. It matches the 302(b)
allocations adopted by the Senate Appropriations Committee and is $159
million more than FY 2004 enacted level. There are no mandatory
programs in the bill.
I ask unanimous consent that a table displaying the Budget Committee
scoring of the bill be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 2674, 2005 MILITARY CONSTRUCTION APPROPRIATIONS
Spending comparisons--Senate-reported bill (fiscal year 2005, $
millions)
------------------------------------------------------------------------
General
Category purpose Mandatory Total
------------------------------------------------------------------------
Senate-reported bill:
Budget authority....................... 10,003 ......... 10,003
Outlays................................ 9,995 ......... 9,995
Senate 302(b) allocation:
Budget authority....................... 10,003 ......... 10,003
Outlays................................ 10,010 ......... 10,010
2004 Enacted:
Budget authority....................... 9,844 ......... 9,844
Outlays................................ 10,353 ......... 10,353
President's request:
Budget authority....................... 9,554 ......... 9,554
Outlays................................ 9,985 ......... 9,985
House-passed bill:
Budget authority....................... 10,003 ......... 10,003
Outlays................................ 10,009 ......... 10,009
Senate-reported bill compared to:
Senate 302(b) allocation:
Budget authority....................... ........ ......... ........
Outlays................................ -15 ......... -15
2004 Enacted:
Budget authority....................... 159 ......... 159
Outlays................................ -358 ......... -358
President's request:
Budget authority....................... 449 ......... 449
Outlays................................ 10 ......... 10
House-passed bill:
Budget authority....................... ........ ......... ........
Outlays................................ -14 ......... -14
------------------------------------------------------------------------
NOTE: Details may not add to totals due to rounding. Totals adjusted for
consistency with scorekeeping conventions.
Mr. McCAIN. Mr. President, I support passage of the fiscal year 2005
Military Construction Appropriations Act. This bill provides $10
billion in funding for important military construction activities
including base housing and the construction and maintenance of base
infrastructure. Amazingly, this report contains only 35 earmarks
totaling $44.7 million, which is significantly less than the
approximately $80 million in unauthorized earmarks contained in last
year's appropriations bill.
Although 70 percent of these earmarks are directed to the States of
appropriators, I applaud the Military Construction Subcommittee for
their generally clean bill. I am particularly pleased by the language
in the report that specifically states that the committee has provided
construction funds only for projects that were included in the Senate-
passed version of the fiscal year 2005 Defense Authorization Act,
currently pending in conference. This appropriations bill is a good
example of how the legislative process is expected to work, wherein the
work of the authorizers is fully taken into account by the
appropriators. I hope this can be emulated by all appropriations
subcommittees and authorizing committees.
As we progress towards the scheduled base closure and realignment
round in 2005, I am encouraged to see that my colleagues have resisted
the temptation to add pork to bases in their States in what would be a
misguided effort to save their bases base closure. Such efforts would
be a waste of taxpayer money and would not prevent their base from
being closed.
In an effort to contain the wasteful spending inherent in Member-
requested construction projects. I sponsored, and the Senate adopted,
merit-based criteria for evaluating member add-ons as a part of the
fiscal year 1995 Defense Authorization Act. The criteria are: No. 1,
the project is in the service's future years defense plan; No. 2, the
project is mission essential; No. 3, the project does not conflict with
base realignment proposals; No. 5, the service can offset the proposed
expenditure within that year's budget request.
These criteria have been useful in ferreting out programs or projects
of questionable merit, and in determining the relative priority of
projects that have been requested by Members for strictly parochial
reasons, often at the expense of the readiness of our Armed Forces.
Unfortunately, in the years that these criteria have been in place, no
offsets have been provided for any project.
All of the 35 earmarks, totaling $44.7 million, are under the minor
construction account. Normally, this account is intended to be used for
urgent and unforeseen requirements and, therefore, neither the
President's budget nor the authorizing committees identify specific
projects to be funded. Once the services decide to spend the money, the
authorizing and appropriations committees must approve or disapprove of
the minor construction project to which the services plan to fund. By
earmarking the funds in the minor construction account, the
appropriators have usurped the authority of the authorizing committee
to approve or reject these projects.
I commend the chairman of the Military Construction Subcommittee,
Senator Hutchison, and the ranking member, Senator Feinstein, for their
work on this bill and their continued support for our military. Their
attention and commitment to only supporting high-priority projects for
the Navy, Marine Corps, Army and Air Force is once again exemplary and
provide for a sound measure to fund military construction in the coming
fiscal year.
Mrs. HUTCHISON. Mr. President, have the yeas and nays been ordered?
The PRESIDING OFFICER. They have not.
Mrs. HUTCHISON. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
Mrs. HUTCHISON. I yield back the remainder of our time.
The PRESIDING OFFICER. All time having expired, the question is,
Shall the bill, as amended, pass? The clerk will call the roll.
[[Page S9375]]
The legislative clerk called the roll.
Mr. FRIST. I announce that the Senator from Tennessee (Mr.
Alexander), the Senator from Kentucky (Mr. McConnell), the Senator from
Minnesota (Mr. Coleman), and the Senator from Oklahoma (Mr. Inhofe) are
necessarily absent.
I further announce that if present and voting the Senator from
Tennessee (Mr. Alexander), the Senator from Kentucky (Mr. McConnell),
and the Senator from Minnesota (Mr. Coleman) would each vote ``yea.''
Mr. REID. I announce that the Senator from Hawaii (Mr. Akaka), the
Senator from North Carolina (Mr. Edwards), the Senator from Florida
(Mr. Graham), the Senator from Hawaii (Mr. Inouye), and the Senator
from Massachusetts (Mr. Kerry) are necessarily absent.
The result was announced--yeas 91, nays 0, as follows:
[Rollcall Vote No. 185 Leg.]
YEAS--91
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bunning
Burns
Byrd
Campbell
Cantwell
Carper
Chafee
Chambliss
Clinton
Cochran
Collins
Conrad
Cornyn
Corzine
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hollings
Hutchison
Jeffords
Johnson
Kennedy
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
McCain
Mikulski
Miller
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Pryor
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
Wyden
NOT VOTING--9
Akaka
Alexander
Coleman
Edwards
Graham (FL)
Inhofe
Inouye
Kerry
McConnell
The bill (H.R. 4837), as amended, was passed as follows:
H.R. 4837
Resolved, That the bill from the House of Representatives
(H.R. 4837) 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, 2005.'', 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, 2005, and for other
purposes, namely:
Military Construction, Army
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, $1,977,166,000, to remain available until
September 30, 2009: Provided, That of this amount, not to
exceed $187,216,000 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.
Military Construction, Navy
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,
$1,016,315,000, to remain available until September 30, 2009:
Provided, That of this amount, not to exceed $110,277,000
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
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, $841,131,000, to remain
available until September 30, 2009: Provided, That of this
amount, not to exceed $180,507,000 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
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, $696,491,000,
to remain available until September 30, 2009: 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 $66,336,000 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, 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,
$381,765,000, to remain available until September 30, 2009.
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,
$231,083,000, to remain available until September 30, 2009.
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, $66,325,000, to remain
available until September 30, 2009.
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, $33,735,000, to remain available until September 30,
2009.
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, $101,373,000, to remain
available until September 30, 2009.
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, $165,800,000, to remain available until
expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension and alteration, as authorized by law,
$636,099,000, to remain available until September 30, 2009.
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, $928,907,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension and alteration, as authorized
by law, $139,107,000, to remain available until September 30,
2009.
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, $704,504,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension and alteration, as authorized by law,
$846,959,000, to remain available until September 30, 2009.
[[Page S9376]]
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, $856,114,000.
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, $49,000, to remain
available until September 30, 2009.
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, $49,575,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $2,500,000, 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.
Chemical Demilitarization Construction, Defense
For expenses of construction, not otherwise provided for,
necessary for the destruction of the United States stockpile
of lethal chemical agents and munitions in accordance with
the provisions of section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), and for the
destruction of other chemical warfare materials that are not
in the chemical weapon stockpile, as currently authorized by
law, $81,886,000, to remain available until September 30,
2009: 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 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
to which transferred.
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), $246,116,000, 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. 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. 119. 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. 120. 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 (1) 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, or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing 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 Funds 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, military unaccompanied housing, and
supporting facilities.
Sec. 121. 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. 122. (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--
[[Page S9377]]
(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. 123. 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. 124. 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.
Sec. 125. 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. 126. 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 2005 for that program that
remain available for obligation, may be obligated or expended
for the conduct of studies of missile defense.
Sec. 127. Section 128(b)3(A) of Public Law 108-132 is
amended by striking the words ``December 31, 2004'' and
replacing with ``August 15, 2005''.
Sec. 128. During the current fiscal year, amounts contained
in the Ford Island Improvement Account established under 10
U.S.C. 2814(h) are appropriated and shall be available until
expended for the purposes specified in 10 U.S.C. 2814(i)(1)
or until transferred pursuant to the provisions of 10 U.S.C.
2814(i)(3).
Sec. 129. (a) Transfer of Certain Excess Property at Fort
Hunter Liggett, California.--
(1) Notwithstanding any other provision of law, whenever
the Secretary of the Army determines that any portion of real
property consisting of approximately 165,000 acres at Fort
Hunter Liggett, California, is excess to the military needs
of the Army, the Secretary of the Army shall first offer the
property to the Secretary of Agriculture.
(2) If the Secretary of Agriculture determines, pursuant to
negotiations with the Secretary of the Army, to accept any
property offered under paragraph (1), the Secretary of the
Army shall transfer administrative jurisdiction of such
property to the Secretary of Agriculture.
(b) Management of Transferred Property.--
(1) The Secretary of Agriculture shall manage any property
transferred under subsection (a) as part of the National
Forest System under the Act of March 1, 1911 (commonly known
as ``Weeks Law'') (16 U.S.C. 480 et seq.), and other laws
relating to the National Forest System.
(2) Any property managed under paragraph (1) shall be
subject to the concurrent jurisdiction of the State of
California.
(c) Adjustment of Boundaries.--
(1) Effective upon the transfer of property under
subsection (a), the boundaries of Los Padres National Forest
shall be modified to incorporate such property. The Chief of
the United States Forest Service shall file and make
available for public inspection in the Office of the Chief of
the United States Forest Service in Washington, District of
Columbia, a map reflecting any modification of the boundaries
of Los Padres National Forest pursuant to the preceding
sentence.
(2) Any property incorporated within the boundaries of Los
Padres National Forest under this section shall be deemed to
have been within the boundaries of Los Padres National Forest
as of January 1, 1965, for purposes of section 7(a) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
9(a)).
(d) Environmental Matters.--
(1) As part of the transfer of property under subsection
(a), the Secretary of the Army shall--
(A) provide the Secretary of Agriculture all documentation
and information in the possession of the Secretary of the
Army on the environmental condition of such property,
including an environmental baseline survey or its equivalent;
and
(B) perform all environmental remediation and response
necessary to protect human health and the environment on such
property to the extent consistent with the use of such
property as part of the National Forest System.
(2)(A) The transfer of property under subsection (a) shall
not affect the responsibilities of the Secretary of the Army
with respect to such property under any applicable
environmental law, including Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.).
(B) Pursuant to the transfer of property, the Secretary of
the Army shall perform all environmental remediation and
response with respect to environmental contamination or
injury to natural resources on such property that are
attributable to former military activities on such property
to the extent consistent with the use of such property as
part of the National Forest System.
(C) The Secretary of Agriculture shall have no liability
for any environmental remediation and response described in
subparagraph (B).
Sec. 130. (a) Assessment of Budget Authority Limitation on
Military Housing Privatization Initiative.--(1) The Secretary
of Defense shall assess the impacts on the military family
housing program of having the total value of contracts and
investments undertaken under the Military Housing
Privatization Initiative reach the limitation on budget
authority for the initiative specified in section 2883(g) of
title 10, United States Code.
(2) The assessment shall include: an estimate of the
appropriations and period of time necessary to provide the
level and quality of housing contemplated under the Military
Housing Privatization Initiative in the event that limitation
in 10 U.S.C. 2883(g) is not eliminated and the potential
impact on military families if the limitation is not
eliminated.
(b) The Secretary of Defense shall, no later than December
31, 2004, provide to the congressional defense committees a
report of the assessment required by subparagraph (a).
(c) Military Housing Privatization Initiative Defined.--In
this section, the term ``military housing privatization
initiative'' means the programs and activities undertaken
under the alternative authority for the acquisition and
improvement of military housing under subchapter IV of
chapter 169 of title 10, United States Code.
Sec. 131. Of the amount appropriated by this Act,
$1,500,000 shall be available to the Commission on Review of
Overseas Military Facility Structure of the United States.
This Act may be cited as the ``Military Construction
Appropriations Act, 2005''.
The PRESIDING OFFICER (Mr. Fitzgerald). Under the previous order, the
Senate insists on its amendment to H.R. 4837 and requests a conference
with the House, and the Chair is authorized to appoint conferees on the
part of the Senate.
The Presiding Officer (Mr. Fitzgerald) 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.
Mr. CAMPBELL. Mr. President, is it the appropriate time to propound a
unanimous consent request?
The PRESIDING OFFICER. The Senator may do so.
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