[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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