[Congressional Record (Bound Edition), Volume 147 (2001), Part 12]
[House]
[Pages 17597-17605]
[From the U.S. Government Publishing Office, www.gpo.gov]



             MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2002

  The SPEAKER. Pursuant to the order of the House of today and rule 
XVIII, the Chair declares the House in the Committee of the Whole of 
the State of the Union for the consideration of the bill, H.R. 2904.

                              {time}  0905


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 2904) making appropriations for military construction, family 
housing, and base realignment and closure for the Defense Department 
for the fiscal year ending September 30, 2002, and for other purposes, 
with Mr. Gillmor in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the order of the House of today, September 
21, 2001, the bill is considered as having been read the first time.
  The gentleman from Ohio (Mr. Hobson) and the gentleman from 
Massachusetts (Mr. Olver) each will control 30 minutes.
  The Chair recognizes the gentleman from Ohio (Mr. Hobson).
  Mr. HOBSON. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, before I present the subcommittee's recommendations, 
let me take a moment to address the events perpetrated on the United 
States last week.
  America has been hurt by these attacks, but we are far from defeated. 
We will care for our wounded and mourn for those who have lost their 
lives. We will repair the physical damage to our institutions and seek 
out those who are responsible. We will have justice. We

[[Page 17598]]

will stand together, and we will emerge from this catastrophe stronger 
than before.
  This subcommittee is committed to working with the Defense Department 
to ensure the necessary resources are available for reconstructing the 
Pentagon and improving the anti-terrorism and force protection measures 
of defense facilities at home and abroad.
  Let me assure the Members, the funding needed to rebuild the Pentagon 
will be made available from last week's $40 billion emergency spending 
measure; and it is my understanding that the Department is already 
moving ahead with the reconstruction effort from the first $10 billion 
provided to the President.
  Mr. Chairman, I would also like to point out that the portion of the 
Pentagon which was damaged in the attack on September recently received 
a thorough renovation. The safety improvements made as part of those 
renovations, including the Kevlar window protection and the new 
sprinkler system, have been credited with saving more lives from being 
lost in the attack.
  Although the renovation of the Pentagon was originally funded through 
the Subcommittee on Defense of the Committee on Appropriations and the 
Pentagon Renovation Revolving Fund, we fully expect the reconstruction 
of the destroyed wedge of the building to be funded through the 
military construction defense-wide appropriation.
  For now, the President has encouraged America to go back to work. 
This includes the Congress, and today we are moving forward with this 
needed legislation to improve the quality of life for our military 
personnel.
  This legislation also includes numerous infrastructure and security 
improvements at bases across the country. These are desperately needed 
by our military forces. Force protection requirements are addressed in 
every new building or major renovation, and we will continue to work 
with the Department to ensure these requirements are current and met.
  Therefore, it is my pleasure to present to the House the 
recommendations of the military construction appropriations bill for 
fiscal year 2002.
  I would particularly like to thank the gentleman from Massachusetts 
(Mr. Olver), my ranking member, and other members of the subcommittee 
for their help in producing a bipartisan recommendation.
  The bill presented to the House today totals $10.5 billion. This 
represents a $1.56 billion, or 17 percent increase, from last year's 
appropriation. This appropriation amount is within the 302(b) 
allocation for both budget authority and outlays.
  The recommendations before the House are solid, fully funded priority 
projects for the services and our troops. The legislation helps meet 
the needs of our military families and improves our national security 
infrastructure. It is fiscally responsible, while supporting the 
housing, child care and medical needs of our military.
  Within the $10.5 billion, we have been able to address quality of 
life issues, including $1.2 billion for troop housing, $43 million for 
child development centers, $199 million for hospital and medical 
facilities, $1.1 billion for new family housing units and for 
improvements to existing units, and $2.9 billion for operating and 
maintenance of existing family housing units.
  In this bill, there is over $1.1 billion for overseas construction of 
family housing. This subcommittee has seen firsthand the conditions 
that our troops live and work in overseas, and we are appalled by what 
we have seen. This $1.1 billion only begins to buy down these 
requirements, but it will go a long way for the spirit and morale of 
our servicemen and women stationed overseas.
  We have worked closely with the authorizing committee; and I would 
like to thank the gentleman from New Jersey (Mr. Saxton) and his staff 
for their help, particularly Phil Grone, a long-time staff member who 
is leaving to go down to the Defense Department.
  Also this year we have had a new clerk of our committee, Valerie 
Baldwin. Valerie and her staff have done a great job in her first year 
as clerk.
  I would also like to thank Tom Forhan of the minority staff. Tom has 
traveled with us as we have gone around. He has been very helpful in 
making sure that this is a bipartisan bill.
  Of course, I have to thank my ranking member. The gentleman from 
Massachusetts (Mr. Olver) has been a great Member. He has gone with us 
all over the world looking at facilities, making sure that the 
environment is protected, and where we are going for the future. He has 
done a terrific job in learning this job. This is not an easy job to 
learn, and he has done a great job at it.
  In conclusion, this $10.5 billion is roughly 3 percent of the total 
defense budget, but it directly supports the men and women in our Armed 
Forces. There are critical shortfalls in our defense infrastructure; 
and we believe this bill begins to address those shortfalls, in 
increasing productivity, readiness, recruitment and retention, all very 
vital at this most critical time in our national defense.
  Mr. Chairman, I include the following tabular material for the 
Record.

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[[Page 17601]]

  Mr. Chairman, I reserve the balance of my time.

                              {time}  0915

  Mr. OLVER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I want to start out by returning the thanks that the 
gentleman from Ohio (Mr. Hobson), the chairman of the subcommittee has 
already given. I want first to thank the chairman for his cooperation 
in the production of what is truly a bipartisan bill. I want to thank 
also the very excellent work that has been done by the staffs, both the 
majority staff, so ably led by Valerie Baldwin, and our minority staff, 
Tom Forhan from the minority, and my own personal staff, Suzanne 
DuMont.
  Mr. Chairman, I want to make clear that America will find no 
difference between the majority and the minority in our support for the 
men and women who protect America. So I endorse the comments that have 
been made along those lines by the chairman.
  This bill was reported out before the terrible events of last week, 
but includes help on the course the President of the United States set 
in America's fight against international terrorism.
  Many Members know that many of our problems with military facilities 
are with those facilities overseas. It is always easier to get the 
required resources at home. Troops and their families serving at our 
bases in foreign countries are more easily forgotten. We have railheads 
that can barely be used to move equipment, vehicle maintenance shops 
smaller than the vehicles they are supposed to support, and housing so 
poor that, for the sake of their families, members of the armed 
services are reluctant to reenlist.
  This bill provides $500 million more than the President requested 
earlier this year and, obviously, before the events of September 11. 
The gentleman from Ohio (Mr. Hobson) and the committee have already 
added to the President's requested projects that are badly needed in 
the Middle East, Europe and the Far Pacific.
  We have added, for instance, for separate projects a total of more 
than $5 million for two special forces training ranges in the Pacific 
which will be used to train our troops, our grounds troops, the Marines 
and the Army, for urban combat. We have added more than $5 million for 
an Air Force facility in Turkey, and there is another $12 million for 
replacing the barracks in Korea. Those are some of the kinds of 
examples of foreign places where the facilities are particularly 
inadequate. But what we have been able to do within the allocation is 
just a small step in the right direction.
  We have many serious problems with our facilities overseas that 
affect not only the quality of life for our troops and their families, 
but our military readiness as well. We all have a responsibility to 
work together to correct this grim situation.
  The report for this bill begins with a declaration of the committee 
support for our national efforts to recover from and respond to the 
terrorist attacks. We may have our differences on a few matters, but on 
this we are standing together. We need this bill to continue our 
efforts, to give our support to the men and women who are protecting us 
in the military. I urge the Members to support the bill.
  Mr. HOBSON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Ohio (Mr. Traficant) for a colloquy.
  Mr. TRAFICANT. Mr. Chairman, I would like to first make a brief 
statement.
  America certainly has been a generous Nation. We have literally 
rebuilt Germany, Japan and Italy after World War II and saved France 
from collapse. The Marshall Plan and the Truman Plan have saved other 
countries.
  I want to applaud President Bush for challenging both America and the 
entire free world in one of the great speeches made in our history last 
night. It is certainly helping to heal America. But there are still 
some symptoms that exist that must be addressed.
  In our great show of patriotism with flags waving all over America, 
the news has been reported that most of these flags have been made in 
China. I want to just state that China, as recently as this morning, 
has announced and pledged support to President Bush and our coalition 
worldwide. But on Tuesday, September 11, if that date rings a bell, the 
Chinese Government signed a cooperative agreement with the Taliban 
government of Afghanistan which, in fact, harbors Osama bin Laden.
  I think we have to make sure that nations do not speak out of both 
sides of their mouths. But my question was, when I first came over, I 
have added Buy American language to respective bills. After having 
looked, there were two versions of bills here. I want a clarification.
  The Traficant language basically states that any grants awarded under 
this bill shall be to entities that shall agree to comply with the Buy 
American Act. In addition, the Traficant language says that any firm or 
company that is in violation of the Buy American Act shall be 
ineligible to receive grants or contracts under this bill.
  I was under the impression that only one section of that existed, but 
the staff of the gentleman has basically stated that both provisions 
are in the bill.
  Mr. Chairman, I would like to know if both of those provisions do 
exist in this particular bill.
  Mr. HOBSON. Mr. Chairman, if the gentleman will yield, it is my 
opinion they do, as it is our intent. I am very sensitive to this. I 
happen to be pursuing a similar Buy American situation in another bill 
right now, which I plan to talk to the gentleman about at a later time.
  Mr. Chairman, I want the gentleman to know I am very sympathetic to 
that provision.
  Mr. TRAFICANT. Mr. Chairman, I would like to offer that Buy American 
provision with the gentleman. I want to commend the gentleman for the 
great job he has done; and I also want to commend our ranking member, 
the gentleman from Massachusetts (Mr. Olver) for his initiation here.
  Mr. HOBSON. Mr. Chairman, I yield myself such time as I may consume. 
I have no further requests for time, but I would like to do two things 
before I ask my ranking member if he has any additional speakers.
  First of all, I would like to thank Kenny Kraft of my personal staff 
who has worked on the Hill for over 20 years. He worked on 
appropriations for many, many years. He has been very helpful to me as 
we put this bill together, along with the staff of the committee. Kenny 
has been very loyal to our staff, and I very much appreciate that.
  Also, the gentleman from Florida (Mr. Young), the chairman of the 
Committee on Appropriations, feels very strongly about our military and 
about the military preparedness of our troops. He had hoped to be here 
this morning; he wanted to speak on this bill, but he has been 
requested to be in a conference discussing other bills that are before 
the Committee on Appropriations; and, therefore, he was not able to be 
here. But both the gentleman from Florida (Mr. Young) and his wife, 
Beverly, have traveled extensively and have a very strong feeling for 
our troops and the quality of life of our troops. I want to thank them 
for their support. I know that the gentleman, if he were here, would be 
much more eloquent on this, but he has done a great job for us; and I 
just want to say that I am sorry he is not here this morning, because I 
know he wanted to do that.
  Mr. Chairman, I have no further requests for time, and I would ask my 
ranking member if he has any further requests for time.
  Mr. OLVER. Mr. Chairman, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. HOBSON. Mr. Chairman, I yield back the balance of my time.
  Mr. UNDERWOOD. Mr. Chairman, I join my colleagues in support of H.R. 
2904, legislation making appropriations for our nation's military 
construction needs for FY 2002. Passage of this bill will ensure that 
our military infrastructure is maintained and upgraded to meet our 
increased national defense demands. Most importantly, this bill will 
enhance the quality of life for our military personnel and their 
families

[[Page 17602]]

by improving the living and working conditions at our military 
installations.
  I am particularly pleased to note that included within this bill is 
funding for several MILCON projects that will directly support Guam and 
its strategic role to our national security in the Western Pacific. The 
military facilities located on Guam will benefit from over $66 million 
in new construction and improvements, an amount almost doubling what 
Guam received last year. Phase II of the Guam Army Guard Readiness 
Center and the ground breaking for a Guam Air National Guard training 
center will go forward as a result of this legislation. These are two 
very important and desperately needed projects to maintain essential 
readiness and operational capabilities. Other projects included in the 
bill are a Forward Operation Location War Reserve Material Storage 
Facility at Andersen Air Force Base and the modernization of the Navy's 
Bachelor Enlisted Quarters and Public Works Waterfront Utilities. This 
bill also contains $20 million to continue the replacement of 
Andersen's hydrant fuel system, funding that will equip the base with 
the largest fuel capacity in the entire Pacific.
  The people of Guam welcome this significant boost in military 
construction activity and appreciate the recognition given our people 
in uniform, particularly the Guam Army and Air Guards. This bill 
ultimately bolsters our troops, advances our readiness and strengthens 
our overall defense capabilities. I commend the Chairman, Mr. Hobson, 
and the Ranking Member, Mr. Olver, for their diligent work in crafting 
this important legislation and I urge its passage.
  Mr. NUSSLE. Mr. Chairman, I rise in favor of H.R. 2904, providing 
appropriations for military construction.
  H.R. 2904 provides $10.5 billion in budget authority and $9.2 billion 
in outlays for fiscal year 2002. It is fully consistent with the 
concurrent resolution on the budget and complies with the Congressional 
Budget Act.
  The bill provides exactly the amount of new budget authority 
permitted under the 302(b) allocation for the Subcommittee on Military 
Construction. Consequently, it complies with section 302(b) of the 
Budget Act, which stipulates that appropriation bills may not exceed 
the reporting subcommittee's 302(b) allocation.
  The bill exceeds the level requested by the President by $529 million 
in budget authority.
  The bill does not designate any emergencies. Nor does it provide any 
advanced appropriations. It does, however, rescind $67 million in 
previously appropriated budget authority.
  I commend my colleagues for working to produce a bill that is 
consistent with our national priorities and the budget resolution.
  Mr. BUYER. Mr. Chairman, I rise in strong support of the Fiscal Year 
2002 Military Construction Appropriations bill.
  This bill is good for defense, and it is good for the nation.
  Equally important, it is good for the people of Indiana because it 
continues to recognize their important contributions to this nations 
national security, by providing funding for Grissom Air Reserve Base, 
the Newport Chemical depot, and the Crane Naval Service Warfare Center.
  I would like to thank Chairman Hobson for honoring my requests for 
funding.
  Specifically for the $66 million for Newport Chemical depot.
  This funding comes on the heels of well over $145 million for Newport 
over the last four years.
  In addition, this bill provides $13.2 million to finish Phase III of 
the Grissom Air Reserve Base Services Complex.
  Over the last two years, this body has authorized $22.1 million for 
phases I and II, as well as an additional $4.73 million for the 
construction of a new Marine Corps Reserve Center at Grissom, and a 
total of $4.8 million for three Army National Guard Maintenance Shops 
in Plymouth, Logansport, and Delphi.
  Lastly, this bill provides $9.11 million for a Microwave Engineering 
Device Facility and $5.82 million for a Special Warfare Engineering 
Facility at the Crane Naval Surface Warfare Center.
  Mr. Chairman, I want to thank this body on behalf of the hard working 
people of Indiana for recognizing their contributions to national 
security, as well as funding the military construction projects that I 
have requested.
  Mr. HOBSON. Mr. Chairman, I ask unanimous consent that the bill, 
through page 21, line 13, be considered as read, printed in the Record, 
and open to amendment at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Ohio?
  There was no objection.
  The text of the bill through page 21, line 13, is as follows:

                               H.R. 2904

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated for military 
     construction, family housing, and base realignment and 
     closure functions administered by the Department of Defense, 
     for the fiscal year ending September 30, 2002, and for other 
     purposes, namely:

                      Military Construction, Army


                         (including rescission)

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Army as 
     currently authorized by law, including personnel in the Army 
     Corps of Engineers and other personal services necessary for 
     the purposes of this appropriation, and for construction and 
     operation of facilities in support of the functions of the 
     Commander in Chief, $1,739,334,000, to remain available until 
     September 30, 2006: Provided, That of this amount, not to 
     exceed $163,141,000 shall be available for study, planning, 
     design, architect and engineer services, and host nation 
     support, as authorized by law, unless the Secretary of 
     Defense determines that additional obligations are necessary 
     for such purposes and notifies the Committees on 
     Appropriations of both Houses of Congress of his 
     determination and the reasons therefor: Provided further, 
     That of the funds appropriated for ``Military Construction, 
     Army'' under Public Law 106-52, $36,400,000 is hereby 
     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, 
     $1,154,248,000, to remain available until September 30, 2006: 
     Provided, That of this amount, not to exceed $30,972,000 
     shall be available for study, planning, design, architect and 
     engineer services, as authorized by law, unless the Secretary 
     of Defense determines that additional obligations are 
     necessary for such purposes and notifies the Committees on 
     Appropriations of both Houses of Congress of his 
     determination and the reasons therefor: Provided further, 
     That of the funds appropriated for ``Military Construction, 
     Navy'' under division A of Public Law 106-246, $19,588,000 is 
     hereby 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, $1,185,220,000, to 
     remain available until September 30, 2006: Provided, That of 
     this amount, not to exceed $83,000,000 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 rescission 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, $863,058,000, 
     to remain available until September 30, 2006: Provided, That 
     such amounts of this appropriation as may be determined by 
     the Secretary of Defense may be transferred to such 
     appropriations of the Department of Defense available for 
     military construction or family housing as he may designate, 
     to be merged with and to be available for the same purposes, 
     and for the same time period, as the appropriation or fund to 
     which transferred: Provided further, That of the amount 
     appropriated, not to exceed $74,496,000 shall be available 
     for study, planning, design, architect and engineer services, 
     as authorized by law, unless the Secretary of Defense 
     determines that additional obligations are necessary for such 
     purposes and notifies the Committees on Appropriations of 
     both Houses of Congress of his determination and the reasons 
     therefor: Provided further, That of the funds appropriated 
     for ``Military Construction, Defense-wide'' under division B, 
     title III, chapter 3 of Public Law 106-246, $10,250,000 is 
     hereby 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, 
     $313,348,000, to remain available until September 30, 2006.

               Military Construction, Air National Guard

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities

[[Page 17603]]

     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, $198,803,000, to remain 
     available until September 30, 2006.

                  Military Construction, Army Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Army Reserve as authorized by chapter 
     1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $167,769,000, to remain 
     available until September 30, 2006.

                  Military Construction, Naval Reserve


                         (including rescission)

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the reserve components of the Navy and 
     Marine Corps as authorized by chapter 1803 of title 10, 
     United States Code, and Military Construction Authorization 
     Acts, $62,351,000, to remain available until September 30, 
     2006: Provided further, That of the funds appropriated for 
     ``Military Construction, Naval Reserve'' under division A of 
     Public Law 106-246, $925,000 is hereby rescinded.

                Military Construction, Air Force Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Air Force Reserve as authorized by 
     chapter 1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $81,882,000, to remain 
     available until September 30, 2006.

                   North Atlantic Treaty Organization

                      Security Investment Program

       For the United States share of the cost of the North 
     Atlantic Treaty Organization Security Investment Program for 
     the acquisition and construction of military facilities and 
     installations (including international military headquarters) 
     and for related expenses for the collective defense of the 
     North Atlantic Treaty Area as authorized in Military 
     Construction Authorization Acts and section 2806 of title 10, 
     United States Code, $162,600,000, to remain available until 
     expended.

                   Family Housing Construction, Army

       For expenses of family housing for the Army for 
     construction, including acquisition, replacement, addition, 
     expansion, extension and alteration, as authorized by law, 
     $294,042,000, to remain available until September 30, 2006.

             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, $1,096,431,000.

           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, $334,780,000, to remain available until September 30, 
     2006.

    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, $910,095,000.

                 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, 
     $536,237,000, to remain available until September 30, 2006.

          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, $858,121,000.

                      Family Housing, Defense-Wide

       For expenses of family housing for the activities and 
     agencies of the Department of Defense (other than the 
     military departments) for construction, including 
     acquisition, replacement, addition, expansion, extension and 
     alteration, and for operation and maintenance, leasing, and 
     minor construction, as authorized by law, as follows: for 
     construction, $250,000 to remain available until September 
     30, 2006; for Operation and Maintenance, $43,762,000; in all 
     $44,012,000.

         Department of Defense Family Housing Improvement Fund

       For the Department of Defense Family Housing Improvement 
     Fund, $2,000,000, to remain available until expended, for 
     family housing initiatives undertaken pursuant to section 
     2883 of title 10, United States Code, providing alternative 
     means of acquiring and improving military family housing, and 
     supporting facilities.

                  Homeowners Assistance Fund, Defense

       For the Homeowners Assistance Fund established by Section 
     1013 of the Demonstration Cities and Metropolitan Development 
     Act of 1966, as amended (42 U.S.C. 3374) $10,119,000, to 
     remain available until expended.

                  Base Realignment and Closure Account

       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), $552,713,000, to remain available until expended: 
     Provided, That not more than $511,670,000 of the funds 
     appropriated herein shall be available solely for 
     environmental restoration, 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.

                           GENERAL PROVISIONS

       Sec. 101. None of the funds appropriated in Military 
     Construction Appropriations Acts shall be expended for 
     payments under a cost-plus-a-fixed-fee contract for 
     construction, where cost estimates exceed $25,000, to be 
     performed within the United States, except Alaska, without 
     the specific approval in writing of the Secretary of Defense 
     setting forth the reasons therefor.
       Sec. 102. Funds appropriated to the Department of Defense 
     for construction shall be available for hire of passenger 
     motor vehicles.
       Sec. 103. Funds appropriated to the Department of Defense 
     for construction may be used for advances to the Federal 
     Highway Administration, Department of Transportation, for the 
     construction of access roads as authorized by section 210 of 
     title 23, United States Code, when projects authorized 
     therein are certified as important to the national defense by 
     the Secretary of Defense.
       Sec. 104. None of the funds appropriated in this Act may be 
     used to begin construction of new bases inside the 
     continental United States for which specific appropriations 
     have not been made.
       Sec. 105. No part of the funds provided in Military 
     Construction Appropriations Acts shall be used for purchase 
     of land or land easements in excess of 100 percent of the 
     value as determined by the Army Corps of Engineers or the 
     Naval Facilities Engineering Command, except: (1) where there 
     is a determination of value by a Federal court; (2) purchases 
     negotiated by the Attorney General or his designee; (3) where 
     the estimated value is less than $25,000; or (4) as otherwise 
     determined by the Secretary of Defense to be in the public 
     interest.
       Sec. 106. None of the funds appropriated in Military 
     Construction Appropriations Acts shall be used to: (1) 
     acquire land; (2) provide for site preparation; or (3) 
     install utilities for any family housing, except housing for 
     which funds have been made available in annual Military 
     Construction Appropriations Acts.
       Sec. 107. None of the funds appropriated in Military 
     Construction Appropriations Acts for minor construction may 
     be used to transfer or relocate any activity from one base or 
     installation to another, without prior notification to the 
     Committees on Appropriations.
       Sec. 108. No part of the funds appropriated in Military 
     Construction Appropriations Acts may be used for the 
     procurement of steel for any construction project or activity 
     for which American steel producers, fabricators, and 
     manufacturers have been denied the opportunity to compete for 
     such steel procurement.
       Sec. 109. None of the funds available to the Department of 
     Defense for military construction or family housing during 
     the current fiscal year may be used to pay real property 
     taxes in any foreign nation.
       Sec. 110. None of the funds appropriated in Military 
     Construction Appropriations Acts may be used to initiate a 
     new installation overseas without prior notification to the 
     Committees on Appropriations.
       Sec. 111. None of the funds appropriated in Military 
     Construction Appropriations Acts may be obligated for 
     architect and engineer contracts estimated by the Government 
     to exceed $500,000 for projects to be accomplished in Japan, 
     in any NATO member country, or in countries bordering the 
     Arabian Gulf, unless such contracts are awarded to United 
     States firms or United States firms in joint venture with 
     host nation firms.
       Sec. 112. None of the funds appropriated in Military 
     Construction Appropriations Acts for military construction in 
     the United States territories and possessions in the Pacific 
     and on Kwajalein Atoll, or in countries bordering the Arabian 
     Gulf, may be used to award any contract estimated by the 
     Government to exceed $1,000,000 to a foreign contractor: 
     Provided, That this section shall not be applicable to 
     contract awards for which the lowest responsive and 
     responsible bid of a United States contractor exceeds the 
     lowest responsive and responsible bid of a foreign contractor 
     by greater than 20 percent: Provided further, That this 
     section shall not apply to contract awards for military 
     construction on Kwajalein Atoll for which the lowest 
     responsive and responsible bid is submitted by a Marshallese 
     contractor.

[[Page 17604]]

       Sec. 113. The Secretary of Defense is to inform the 
     appropriate committees of Congress, including the Committees 
     on Appropriations, of the plans and scope of any proposed 
     military exercise involving United States personnel 30 days 
     prior to its occurring, if amounts expended for construction, 
     either temporary or permanent, are anticipated to exceed 
     $100,000.
       Sec. 114. Not more than 20 percent of the appropriations in 
     Military Construction Appropriations Acts which are limited 
     for obligation during the current fiscal year shall be 
     obligated during the last 2 months of the fiscal year.

                          (transfer of funds)

       Sec. 115. Funds appropriated to the Department of Defense 
     for construction in prior years shall be available for 
     construction authorized for each such military department by 
     the authorizations enacted into law during the current 
     session of Congress.
       Sec. 116. For military construction or family housing 
     projects that are being completed with funds otherwise 
     expired or lapsed for obligation, expired or lapsed funds may 
     be used to pay the cost of associated supervision, 
     inspection, overhead, engineering and design on those 
     projects and on subsequent claims, if any.
       Sec. 117. Notwithstanding any other provision of law, any 
     funds appropriated to a military department or defense agency 
     for the construction of military projects may be obligated 
     for a military construction project or contract, or for any 
     portion of such a project or contract, at any time before the 
     end of the fourth fiscal year after the fiscal year for which 
     funds for such project were appropriated if the funds 
     obligated for such project: (1) are obligated from funds 
     available for military construction projects; and (2) do not 
     exceed the amount appropriated for such project, plus any 
     amount by which the cost of such project is increased 
     pursuant to law.

                          (transfer of funds)

       Sec. 118. During the 5-year period after appropriations 
     available to the Department of Defense for military 
     construction and family housing operation and maintenance and 
     construction have expired for obligation, upon a 
     determination that such appropriations will not be necessary 
     for the liquidation of obligations or for making authorized 
     adjustments to such appropriations for obligations incurred 
     during the period of availability of such appropriations, 
     unobligated balances of such appropriations may be 
     transferred into the appropriation ``Foreign Currency 
     Fluctuations, Construction, Defense'' to be merged with and 
     to be available for the same time period and for the same 
     purposes as the appropriation to which transferred.
       Sec. 119. The Secretary of Defense is to provide the 
     Committees on Appropriations of the Senate and the House of 
     Representatives with an annual report by February 15, 
     containing details of the specific actions proposed to be 
     taken by the Department of Defense during the current fiscal 
     year to encourage other member nations of the North Atlantic 
     Treaty Organization, Japan, Korea, and United States allies 
     bordering the Arabian Gulf to assume a greater share of the 
     common defense burden of such nations and the United States.

                          (transfer of funds)

       Sec. 120. During the current fiscal year, in addition to 
     any other transfer authority available to the Department of 
     Defense, proceeds deposited to the Department of Defense Base 
     Closure Account established by section 207(a)(1) of the 
     Defense Authorization Amendments and Base Closure and 
     Realignment Act (Public Law 100-526) pursuant to section 
     207(a)(2)(C) of such Act, may be transferred to the account 
     established by section 2906(a)(1) of the Department of 
     Defense Authorization Act, 1991, to be merged with, and to be 
     available for the same purposes and the same time period as 
     that account.
       Sec. 121. (a) No funds appropriated pursuant to this Act 
     may be expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with sections 
     2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
     popularly known as the ``Buy American Act'').
       (b) No funds made available under this Act shall be made 
     available to any person or entity who has been convicted of 
     violating the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
     popularly known as the ``Buy American Act'').
       Sec. 122. (a) In the case of any equipment or products that 
     may be authorized to be purchased with financial assistance 
     provided under this Act, it is the sense of the Congress that 
     entities receiving such assistance should, in expending the 
     assistance, purchase only American-made equipment and 
     products.
       (b) In providing financial assistance under this Act, the 
     Secretary of the Treasury shall provide to each recipient of 
     the assistance a notice describing the statement made in 
     subsection (a) by the Congress.

                          (transfer of funds)

       Sec. 123. Subject to 30 days prior notification to the 
     Committees on Appropriations, such additional amounts as may 
     be determined by the Secretary of Defense may be transferred 
     to the Department of Defense Family Housing Improvement Fund 
     from amounts appropriated for construction in ``Family 
     Housing'' accounts, to be merged with and to be available for 
     the same purposes and for the same period of time as amounts 
     appropriated directly to the Fund: Provided, That 
     appropriations made available to the Fund shall be available 
     to cover the costs, as defined in section 502(5) of the 
     Congressional Budget Act of 1974, of direct loans or loan 
     guarantees issued by the Department of Defense pursuant to 
     the provisions of subchapter IV of chapter 169, title 10, 
     United States Code, pertaining to alternative means of 
     acquiring and improving military family housing and 
     supporting facilities.
       Sec. 124. 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. 125. (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. 126. 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. 127. Notwithstanding this or any other provision of 
     law, funds appropriated in Military Construction 
     Appropriations Acts for operations and maintenance of family 
     housing shall be the exclusive source of funds for repair and 
     maintenance of all family housing units, including flag and 
     general officer quarters: Provided, That not more than 
     $25,000 per unit may be spent annually for the maintenance 
     and repair of any general or flag officer quarters without 30 
     days advance prior notification of the appropriate committees 
     of Congress: Provided further, That the Under Secretary of 
     Defense (Comptroller) is to report annually to the Committees 
     on Appropriations all operations and maintenance 
     expenditures, and all uses of funds pursuant to 10 U.S.C. 
     2601, for each individual flag and general 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 or similar authority.
       Sec. 128. The Army, Navy, Marine Corps, and Air Force are 
     directed to submit to the appropriate committees of the 
     Congress by July 1, 2002, a Family Housing Master Plan 
     demonstrating how they plan to meet the year 2010 housing 
     goals with traditional construction, operation and 
     maintenance support, as well as privatization initiative 
     proposals. Each plan shall include projected life cycle costs 
     for family housing construction, basic allowance for housing, 
     operation and maintenance, other associated costs, and a time 
     line for housing completions each year.


                          (transfer of funds)

       Sec. 129. Of the funds made available in this Act, 
     $4,000,000 appropriated under the heading ``Military 
     Construction, Air Force'' and $4,000,000 appropriated under 
     the heading ``Military Construction, Defense-wide'' shall be 
     available to complete a military construction project for 
     which funds were appropriated in Public Law 107-20 under the 
     heading, ``Military Construction, Air Force''.

  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the order of the House of today, the bill shall be 
considered for amendment under the 5-minute rule. During consideration 
of the bill for amendment, the Chair may accord priority in recognition 
to a Member offering an amendment that he has printed

[[Page 17605]]

in the designated place in the Congressional Record, and those 
amendments will be considered as having been read.
  Are there any amendments?
  If not, the Clerk will read the last 2 lines of the bill.
  The Clerk read as follows:
  This Act may be cited as the ``Military Construction Appropriations 
Act, 2002''.
  The CHAIRMAN. If there are no amendments, under the rule, the 
Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Shimkus) having assumed the chair, Mr. Gillmor, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 2904) 
making appropriations for military construction, family housing, and 
base realignment and closure for the Department of Defense for the 
fiscal year ending September 30, 2002, and for other purposes, pursuant 
to the order of the House of today, he reported the bill back to the 
House.
  The SPEAKER pro tempore (Mr. Shimkus). Under the rule, the previous 
question is ordered.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  Under clause 10 of rule XX, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 401, 
nays 0, not voting 29, as follows:

                             [Roll No. 344]

                               YEAS--401

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Andrews
     Armey
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett
     Bartlett
     Barton
     Bass
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berry
     Biggert
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Collins
     Combest
     Condit
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crenshaw
     Crowley
     Cunningham
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dicks
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emerson
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Ferguson
     Filner
     Flake
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Frank
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Graham
     Granger
     Graves
     Green (TX)
     Green (WI)
     Grucci
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Harman
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill
     Hilleary
     Hilliard
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holt
     Honda
     Hooley
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kerns
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     LaHood
     Lampson
     Langevin
     Lantos
     Largent
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Menendez
     Mica
     Miller, Gary
     Miller, George
     Mink
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reyes
     Reynolds
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roukema
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sununu
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Traficant
     Udall (CO)
     Upton
     Velazquez
     Visclosky
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watson (CA)
     Watt (NC)
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--29

     Berman
     Carson (IN)
     Conyers
     Cubin
     Culberson
     Cummings
     Dingell
     Ehrlich
     Engel
     Greenwood
     Hansen
     Hinchey
     Holden
     Lowey
     Markey
     McCrery
     McKinney
     Meeks (NY)
     Millender-McDonald
     Miller (FL)
     Paul
     Price (NC)
     Schaffer
     Towns
     Turner
     Udall (NM)
     Waters
     Watts (OK)
     Weldon (FL)

                              {time}  0957

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. CALLAHAN. Mr. Speaker, on rollcall No. 344 I entered the chamber 
just as the clerk closed the vote because I was unavoidably detained. 
Had I been present, I would have voted ``yes.''
  Mr. WELDON of Florida. Mr. Speaker, I was unavoidably detained during 
the vote on H.R. 2904. Had I been present I would have voted ``yes'' in 
favor of the bill.
  Ms. McKINNEY. Mr. Speaker, on rollcall No. 344, Military Construction 
Appropriations Act, had I been present, I would have voted ``yea.''
  Mr. UDALL of New Mexico. Mr. Speaker, on rollcall No. 344, I was 
unable to record my vote. Had I been present, I would have voted 
``yea.''
  Mr. WATTS of Oklahoma. Mr. Speaker; as a result of the tragic events 
of September 11, 2001, I was involved in an Inter-Faith Alliance 
Ministry meeting this morning at your request. Due to my participation 
in this meeting, I was not present for the vote on H.R. 2904, The 
Military Construction Appropriations Act for Fiscal Year 2002. Had I 
been present for this vote, I would have voted ``aye.''

                          ____________________