In the Senate of the United States,

September 20, 2004.

Resolved, That the bill from the House of Representatives (H.R. 4837) entitled ‘‘An Act making appropriations for

military construction, family housing, and base realingment

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:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated for mili3 tary construction, family housing, and base realignment

4 and closure functions administered by the Department of

5 Defense, for the fiscal year ending September 30, 2005, and

6 for other purposes, namely:
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1 MILITARY CONSTRUCTION, ARMY

2 For acquisition, construction, installation, and equip3 ment of temporary or permanent public works, military in4 stallations, facilities, and real property for the Army as

5 currently authorized by law, including personnel in the

6 Army Corps of Engineers and other personal services nec7 essary for the purposes of this appropriation, and for con8 struction and operation of facilities in support of the func9 tions of the Commander in Chief, $1,977,166,000, to remain

10 available until September 30, 2009: Provided, That of this

11 amount, not to exceed $187,216,000 shall be available for

12 study, planning, design, architect and engineer services,

13 and host nation support, as authorized by law, unless the

14 Secretary of Defense determines that additional obligations

15 are necessary for such purposes and notifies the Committees

16 on Appropriations of both Houses of Congress of his deter17 mination and the reasons therefor.

18 MILITARY CONSTRUCTION, NAVY

19 For acquisition, construction, installation, and equip20 ment of temporary or permanent public works, naval in21 stallations, facilities, and real property for the Navy as cur22 rently authorized by law, including personnel in the Naval

23 Facilities Engineering Command and other personal serv24 ices necessary for the purposes of this appropriation,

25 $1,016,315,000, to remain available until September 30,
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1 2009: Provided, That of this amount, not to exceed

2 $110,277,000 shall be available for study, planning, design,

3 architect and engineer services, as authorized by law, unless

4 the Secretary of Defense determines that additional obliga5 tions are necessary for such purposes and notifies the Com6 mittees on Appropriations of both Houses of Congress of his

7 determination and the reasons therefor.

8 MILITARY CONSTRUCTION, AIR FORCE

9 For acquisition, construction, installation, and equip10 ment of temporary or permanent public works, military in11 stallations, facilities, and real property for the Air Force

12 as currently authorized by law, $841,131,000, to remain

13 available until September 30, 2009: Provided, That of this

14 amount, not to exceed $180,507,000 shall be available for

15 study, planning, design, architect and engineer services, as

16 authorized by law, unless the Secretary of Defense deter17 mines that additional obligations are necessary for such

18 purposes and notifies the Committees on Appropriations of

19 both Houses of Congress of his determination and the rea20 sons therefor.

21 MILITARY CONSTRUCTION, DEFENSE-WIDE

22 For acquisition, construction, installation, and equip23 ment of temporary or permanent public works, installa24 tions, facilities, and real property for activities and agen25 cies of the Department of Defense (other than the military
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1 departments), as currently authorized by law,

2 $696,491,000, to remain available until September 30,

3 2009: Provided, That such amounts of this appropriation

4 as may be determined by the Secretary of Defense may be

5 transferred to such appropriations of the Department of De6 fense available for military construction or family housing

7 as he may designate, to be merged with and to be available

8 for the same purposes, and for the same time period, as

9 the appropriation or fund to which transferred: Provided

10 further, That of the amount appropriated, not to exceed

11 $66,336,000 shall be available for study, planning, design,

12 architect and engineer services, as authorized by law, unless

13 the Secretary of Defense determines that additional obliga14 tions are necessary for such purposes and notifies the Com15 mittees on Appropriations of both Houses of Congress of his

16 determination and the reasons therefor.

17 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

18 For construction, acquisition, expansion, rehabilita19 tion, and conversion of facilities for the training and ad20 ministration of the Army National Guard, and contribu21 tions therefor, as authorized by chapter 1803 of title 10,

22 United States Code, and Military Construction Authoriza23 tion Acts, $381,765,000, to remain available until Sep24 tember 30, 2009.
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1 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Air National Guard, and contributions

5 therefor, as authorized by chapter 1803 of title 10, United

6 States Code, and Military Construction Authorization Acts,

7 $231,083,000, to remain available until September 30,

8 2009.

9 MILITARY CONSTRUCTION, ARMY RESERVE

10 For construction, acquisition, expansion, rehabilita11 tion, and conversion of facilities for the training and ad12 ministration of the Army Reserve as authorized by chapter

13 1803 of title 10, United States Code, and Military Con14 struction Authorization Acts, $66,325,000, to remain avail15 able until September 30, 2009.

16 MILITARY CONSTRUCTION, NAVAL RESERVE

17 For construction, acquisition, expansion, rehabilita18 tion, and conversion of facilities for the training and ad19 ministration of the reserve components of the Navy and Ma20 rine Corps as authorized by chapter 1803 of title 10, United

21 States Code, and Military Construction Authorization Acts,

22 $33,735,000, to remain available until September 30, 2009.

23 MILITARY CONSTRUCTION, AIR FORCE RESERVE

24 For construction, acquisition, expansion, rehabilita25 tion, and conversion of facilities for the training and ad-
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1 ministration of the Air Force Reserve as authorized by

2 chapter 1803 of title 10, United States Code, and Military

3 Construction Authorization Acts, $101,373,000, to remain

4 available until September 30, 2009.

5 NORTH ATLANTIC TREATY ORGANIZATION SECURITY

6 INVESTMENT PROGRAM

7 For the United States share of the cost of the North

8 Atlantic Treaty Organization Security Investment Pro9 gram for the acquisition and construction of military facili10 ties and installations (including international military

11 headquarters) and for related expenses for the collective de12 fense of the North Atlantic Treaty Area as authorized in

13 Military Construction Authorization Acts and section 2806

14 of title 10, United States Code, $165,800,000, to remain

15 available until expended.

16 FAMILY HOUSING CONSTRUCTION, ARMY

17 For expenses of family housing for the Army for con18 struction, including acquisition, replacement, addition, ex19 pansion, extension and alteration, as authorized by law,

20 $636,099,000, to remain available until September 30,

21 2009.

22 FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

23 For expenses of family housing for the Army for oper24 ation and maintenance, including debt payment, leasing,
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1 minor construction, principal and interest charges, and in2 surance premiums, as authorized by law, $928,907,000.

3 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

4 CORPS

5 For expenses of family housing for the Navy and Ma6 rine Corps for construction, including acquisition, replace7 ment, addition, expansion, extension and alteration, as au8 thorized by law, $139,107,000, to remain available until

9 September 30, 2009.

10 FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY

11 AND MARINE CORPS

12 For expenses of family housing for the Navy and Ma13 rine Corps for operation and maintenance, including debt

14 payment, leasing, minor construction, principal and inter15 est charges, and insurance premiums, as authorized by law,

16 $704,504,000.

17 FAMILY HOUSING CONSTRUCTION, AIR FORCE

18 For expenses of family housing for the Air Force for

19 construction, including acquisition, replacement, addition,

20 expansion, extension and alteration, as authorized by law,

21 $846,959,000, to remain available until September 30,

22 2009.
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1 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

2 FORCE

3 For expenses of family housing for the Air Force for

4 operation and maintenance, including debt payment, leas5 ing, minor construction, principal and interest charges,

6 and insurance premiums, as authorized by law,

7 $856,114,000.

8 FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE

9 For expenses of family housing for the activities and

10 agencies of the Department of Defense (other than the mili11 tary departments) for construction, including acquisition,

12 replacement, addition, expansion, extension and alteration,

13 as authorized by law, $49,000, to remain available until

14 September 30, 2009.

15 FAMILY HOUSING OPERATION AND MAINTENANCE,

16 DEFENSE-WIDE

17 For expenses of family housing for the activities and

18 agencies of the Department of Defense (other than the mili19 tary departments) for operation and maintenance, leasing,

20 and minor construction, as authorized by law, $49,575,000.

21 DEPARTMENT OF DEFENSE FAMILY HOUSING

22 IMPROVEMENT FUND

23 For the Department of Defense Family Housing Im24 provement Fund, $2,500,000, to remain available until ex25 pended, for family housing initiatives undertaken pursuant
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1 to section 2883 of title 10, United States Code, providing

2 alternative means of acquiring and improving military

3 family housing and supporting facilities.

4 CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE

5 For expenses of construction, not otherwise provided

6 for, necessary for the destruction of the United States stock7 pile of lethal chemical agents and munitions in accordance

8 with the provisions of section 1412 of the Department of

9 Defense Authorization Act, 1986 (50 U.S.C. 1521), and for

10 the destruction of other chemical warfare materials that are

11 not in the chemical weapon stockpile, as currently author12 ized by law, $81,886,000, to remain available until Sep13 tember 30, 2009: Provided, That such amounts of this ap14 propriation as may be determined by the Secretary of De15 fense may be transferred to such appropriations of the De16 partment of Defense available for military construction as

17 he may designate, to be merged with and to be available

18 for the same purposes, and for the same time period, as

19 the appropriation to which transferred.

20 BASE REALIGNMENT AND CLOSURE ACCOUNT

21 For deposit into the Department of Defense Base Clo22 sure Account 1990 established by section 2906(a)(1) of the

23 Department of Defense Authorization Act, 1991 (Public

24 Law 101–510), $246,116,000, to remain available until ex25 pended.
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1 GENERAL PROVISIONS

2 SEC. 101. None of the funds appropriated in Military

3 Construction Appropriations Acts shall be expended for

4 payments under a cost-plus-a-fixed-fee contract for con5 struction, where cost estimates exceed $25,000, to be per6 formed within the United States, except Alaska, without the

7 specific approval in writing of the Secretary of Defense set8 ting forth the reasons therefor.

9 SEC. 102. Funds appropriated to the Department of

10 Defense for construction shall be available for hire of pas11 senger motor vehicles.

12 SEC. 103. Funds appropriated to the Department of

13 Defense for construction may be used for advances to the

14 Federal Highway Administration, Department of Trans15 portation, for the construction of access roads as authorized

16 by section 210 of title 23, United States Code, when projects

17 authorized therein are certified as important to the national

18 defense by the Secretary of Defense.

19 SEC. 104. None of the funds appropriated in this Act

20 may be used to begin construction of new bases inside the

21 continental United States for which specific appropriations

22 have not been made.

23 SEC. 105. No part of the funds provided in Military

24 Construction Appropriations Acts shall be used for purchase

25 of land or land easements in excess of 100 percent of the
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1 value as determined by the Army Corps of Engineers or

2 the Naval Facilities Engineering Command, except: (1)

3 where there is a determination of value by a Federal court;

4 (2) purchases negotiated by the Attorney General or his des5 ignee; (3) where the estimated value is less than $25,000;

6 or (4) as otherwise determined by the Secretary of Defense

7 to be in the public interest.

8 SEC. 106. None of the funds appropriated in Military

9 Construction Appropriations Acts shall be used to: (1) ac10 quire land; (2) provide for site preparation; or (3) install

11 utilities for any family housing, except housing for which

12 funds have been made available in annual Military Con13 struction Appropriations Acts.

14 SEC. 107. None of the funds appropriated in Military

15 Construction Appropriations Acts for minor construction

16 may be used to transfer or relocate any activity from one

17 base or installation to another, without prior notification

18 to the Committees on Appropriations.

19 SEC. 108. No part of the funds appropriated in Mili20 tary Construction Appropriations Acts may be used for the

21 procurement of steel for any construction project or activity

22 for which American steel producers, fabricators, and manu23 facturers have been denied the opportunity to compete for

24 such steel procurement.
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1 SEC. 109. None of the funds available to the Depart2 ment of Defense for military construction or family housing

3 during the current fiscal year may be used to pay real prop4 erty taxes in any foreign nation.

5 SEC. 110. None of the funds appropriated in Military

6 Construction Appropriations Acts may be used to initiate

7 a new installation overseas without prior notification to the

8 Committees on Appropriations.

9 SEC. 111. None of the funds appropriated in Military

10 Construction Appropriations Acts may be obligated for ar11 chitect and engineer contracts estimated by the Government

12 to exceed $500,000 for projects to be accomplished in Japan,

13 in any NATO member country, or in countries bordering

14 the Arabian Sea, unless such contracts are awarded to

15 United States firms or United States firms in joint venture

16 with host nation firms.

17 SEC. 112. None of the funds appropriated in Military

18 Construction Appropriations Acts for military construction

19 in the United States territories and possessions in the Pa20 cific and on Kwajalein Atoll, or in countries bordering the

21 Arabian Sea, may be used to award any contract estimated

22 by the Government to exceed $1,000,000 to a foreign con23 tractor: Provided, That this section shall not be applicable

24 to contract awards for which the lowest responsive and re25 sponsible bid of a United States contractor exceeds the low-
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1 est responsive and responsible bid of a foreign contractor

2 by greater than 20 percent: Provided further, That this sec3 tion shall not apply to contract awards for military con4 struction on Kwajalein Atoll for which the lowest responsive

5 and responsible bid is submitted by a Marshallese con6 tractor.

7 SEC. 113. The Secretary of Defense is to inform the

8 appropriate committees of Congress, including the Commit9 tees on Appropriations, of the plans and scope of any pro10 posed military exercise involving United States personnel

11 30 days prior to its occurring, if amounts expended for con12 struction, either temporary or permanent, are anticipated

13 to exceed $100,000.

14 SEC. 114. Not more than 20 percent of the appropria15 tions in Military Construction Appropriations Acts which

16 are limited for obligation during the current fiscal year

17 shall be obligated during the last 2 months of the fiscal year.

18 SEC. 115. Funds appropriated to the Department of

19 Defense for construction in prior years shall be available

20 for construction authorized for each such military depart21 ment by the authorizations enacted into law during the cur22 rent session of Congress.

23 SEC. 116. For military construction or family housing

24 projects that are being completed with funds otherwise ex25 pired or lapsed for obligation, expired or lapsed funds may
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1 be used to pay the cost of associated supervision, inspection,

2 overhead, engineering and design on those projects and on

3 subsequent claims, if any.

4 SEC. 117. Notwithstanding any other provision of law,

5 any funds appropriated to a military department or de6 fense agency for the construction of military projects may

7 be obligated for a military construction project or contract,

8 or for any portion of such a project or contract, at any

9 time before the end of the fourth fiscal year after the fiscal

10 year for which funds for such project were appropriated if

11 the funds obligated for such project: (1) are obligated from

12 funds available for military construction projects; and (2)

13 do not exceed the amount appropriated for such project,

14 plus any amount by which the cost of such project is in15 creased pursuant to law.

16 SEC. 118. The Secretary of Defense is to provide the

17 Committees on Appropriations of the Senate and the House

18 of Representatives with an annual report by February 15,

19 containing details of the specific actions proposed to be

20 taken by the Department of Defense during the current fis21 cal year to encourage other member nations of the North

22 Atlantic Treaty Organization, Japan, Korea, and United

23 States allies bordering the Arabian Sea to assume a greater

24 share of the common defense burden of such nations and

25 the United States.
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1 SEC. 119. During the current fiscal year, in addition

2 to any other transfer authority available to the Department

3 of Defense, proceeds deposited to the Department of Defense

4 Base Closure Account established by section 207(a)(1) of the

5 Defense Authorization Amendments and Base Closure and

6 Realignment Act (Public Law 100–526) pursuant to section

7 207(a)(2)(C) of such Act, may be transferred to the account

8 established by section 2906(a)(1) of the Department of De9 fense Authorization Act, 1991, to be merged with, and to

10 be available for the same purposes and the same time period

11 as that account.

12 SEC. 120. Subject to 30 days prior notification to the

13 Committees on Appropriations, such additional amounts as

14 may be determined by the Secretary of Defense may be

15 transferred to (1) the Department of Defense Family Hous16 ing Improvement Fund from amounts appropriated for

17 construction in ‘‘Family Housing’’ accounts, to be merged

18 with and to be available for the same purposes and for the

19 same period of time as amounts appropriated directly to

20 the Fund, or (2) the Department of Defense Military Unac21 companied Housing Improvement Fund from amounts ap22 propriated for construction of military unaccompanied

23 housing in ‘‘Military Construction’’ accounts, to be merged

24 with and to be available for the same purposes and for the

25 same period of time as amounts appropriated directly to
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1 the Fund: Provided, That appropriations made available

2 to the Funds shall be available to cover the costs, as defined

3 in section 502(5) of the Congressional Budget Act of 1974,

4 of direct loans or loan guarantees issued by the Department

5 of Defense pursuant to the provisions of subchapter IV of

6 chapter 169, title 10, United States Code, pertaining to al7 ternative means of acquiring and improving military fam8 ily housing, military unaccompanied housing, and sup9 porting facilities.

10 SEC. 121. None of the funds appropriated or made

11 available by this Act may be obligated for Partnership for

12 Peace Programs in the New Independent States of the

13 former Soviet Union.

14 SEC. 122. (a) Not later than 60 days before issuing

15 any solicitation for a contract with the private sector for

16 military family housing the Secretary of the military de17 partment concerned shall submit to the congressional de18 fense committees the notice described in subsection (b).

19 (b)(1) A notice referred to in subsection (a) is a notice

20 of any guarantee (including the making of mortgage or

21 rental payments) proposed to be made by the Secretary to

22 the private party under the contract involved in the event

23 of—

24 (A) the closure or realignment of the installation

25 for which housing is provided under the contract;
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1 (B) a reduction in force of units stationed at

2 such installation; or

3 (C) the extended deployment overseas of units

4 stationed at such installation.

5 (2) Each notice under this subsection shall specify the

6 nature of the guarantee involved and assess the extent and

7 likelihood, if any, of the liability of the Federal Government

8 with respect to the guarantee.

9 (c) In this section, the term, ‘‘congressional defense

10 committees’’ means the following:

11 (1) The Committee on Armed Services and the

12 Military Construction Subcommittee, Committee on

13 Appropriations of the Senate.

14 (2) The Committee on Armed Services and the

15 Military Construction Subcommittee, Committee on

16 Appropriations of the House of Representatives.

17 SEC. 123. During the current fiscal year, in addition

18 to any other transfer authority available to the Department

19 of Defense, amounts may be transferred from the account

20 established by section 2906(a)(1) of the Department of De21 fense Authorization Act, 1991, to the fund established by

22 section 1013(d) of the Demonstration Cities and Metropoli23 tan Development Act of 1966 (42 U.S.C. 3374) to pay for

24 expenses associated with the Homeowners Assistance Pro25 gram. Any amounts transferred shall be merged with and
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1 be available for the same purposes and for the same time

2 period as the fund to which transferred.

3 SEC. 124. Notwithstanding this or any other provision

4 of law, funds appropriated in Military Construction Ap5 propriations Acts for operations and maintenance of family

6 housing shall be the exclusive source of funds for repair and

7 maintenance of all family housing units, including general

8 or flag officer quarters: Provided, That not more than

9 $35,000 per unit may be spent annually for the mainte10 nance and repair of any general or flag officer quarters

11 without 30 days advance prior notification to the appro12 priate committees of Congress, except that an after-the-fact

13 notification shall be submitted if the limitation is exceeded

14 solely due to costs associated with environmental remedi15 ation that could not be reasonably anticipated at the time

16 of the budget submission: Provided further, That the Under

17 Secretary of Defense (Comptroller) is to report annually to

18 the Committees on Appropriations all operations and

19 maintenance expenditures for each individual general or

20 flag officer quarters for the prior fiscal year.

21 SEC. 125. None of the funds made available in this

22 Act may be transferred to any department, agency, or in23 strumentality of the United States Government, except pur24 suant to a transfer made by, or transfer authority provided

25 in, this Act or any other appropriation Act.
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1 SEC. 126. No funds appropriated in this Act under

2 the heading ‘‘North Atlantic Treaty Organization Security

3 Investment Program’’, and no funds appropriated for any

4 fiscal year before fiscal year 2005 for that program that

5 remain available for obligation, may be obligated or ex6 pended for the conduct of studies of missile defense.

7 SEC. 127. Section 128(b)3(A) of Public Law 108–132

8 is amended by striking the words ‘‘December 31, 2004’’ and

9 replacing with ‘‘August 15, 2005’’.

10 SEC. 128. During the current fiscal year, amounts con11 tained in the Ford Island Improvement Account established

12 under 10 U.S.C. 2814(h) are appropriated and shall be

13 available until expended for the purposes specified in 10

14 U.S.C. 2814(i)(1) or until transferred pursuant to the pro15 visions of 10 U.S.C. 2814(i)(3).

16 SEC. 129. (a) TRANSFER OF CERTAIN EXCESS PROP17 ERTY AT FORT HUNTER LIGGETT, CALIFORNIA.—

18 (1) Notwithstanding any other provision of law,

19 whenever the Secretary of the Army determines that

20 any portion of real property consisting of approxi21 mately 165,000 acres at Fort Hunter Liggett, Cali22 fornia, is excess to the military needs of the Army, the

23 Secretary of the Army shall first offer the property to

24 the Secretary of Agriculture.
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1 (2) If the Secretary of Agriculture determines,

2 pursuant to negotiations with the Secretary of the

3 Army, to accept any property offered under para4 graph (1), the Secretary of the Army shall transfer

5 administrative jurisdiction of such property to the

6 Secretary of Agriculture.

7 (b) MANAGEMENT OF TRANSFERRED PROPERTY.—

8 (1) The Secretary of Agriculture shall manage

9 any property transferred under subsection (a) as part

10 of the National Forest System under the Act of March

11 1, 1911 (commonly known as ‘‘Weeks Law’’) (16

12 U.S.C. 480 et seq.), and other laws relating to the Na13 tional Forest System.

14 (2) Any property managed under paragraph (1)

15 shall be subject to the concurrent jurisdiction of the

16 State of California.

17 (c) ADJUSTMENT OF BOUNDARIES.—

18 (1) Effective upon the transfer of property under

19 subsection (a), the boundaries of Los Padres National

20 Forest shall be modified to incorporate such property.

21 The Chief of the United States Forest Service shall

22 file and make available for public inspection in the

23 Office of the Chief of the United States Forest Service

24 in Washington, District of Columbia, a map reflect-
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1 ing any modification of the boundaries of Los Padres

2 National Forest pursuant to the preceding sentence.

3 (2) Any property incorporated within the bound4 aries of Los Padres National Forest under this section

5 shall be deemed to have been within the boundaries of

6 Los Padres National Forest as of January 1, 1965,

7 for purposes of section 7(a) of the Land and Water

8 Conservation Fund Act of 1965 (16 U.S.C. 460l–

9 9(a)).

10 (d) ENVIRONMENTAL MATTERS.—

11 (1) As part of the transfer of property under sub12 section (a), the Secretary of the Army shall—

13 (A) provide the Secretary of Agriculture all

14 documentation and information in the possession

15 of the Secretary of the Army on the environ16 mental condition of such property, including an

17 environmental baseline survey or its equivalent;

18 and

19 (B) perform all environmental remediation

20 and response necessary to protect human health

21 and the environment on such property to the ex22 tent consistent with the use of such property as

23 part of the National Forest System.

24 (2)(A) The transfer of property under subsection

25 (a) shall not affect the responsibilities of the Secretary
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1 of the Army with respect to such property under any

2 applicable environmental law, including Comprehen3 sive Environmental Response, Compensation, and Li4 ability Act of 1980 (42 U.S.C. 9601 et seq.).

5 (B) Pursuant to the transfer of property, the

6 Secretary of the Army shall perform all environ7 mental remediation and response with respect to envi8 ronmental contamination or injury to natural re9 sources on such property that are attributable to

10 former military activities on such property to the ex11 tent consistent with the use of such property as part

12 of the National Forest System.

13 (C) The Secretary of Agriculture shall have no

14 liability for any environmental remediation and re15 sponse described in subparagraph (B).

16 SEC. 130. (a) ASSESSMENT OF BUDGET AUTHORITY

17 LIMITATION ON MILITARY HOUSING PRIVATIZATION INITIA18 TIVE.—(1) The Secretary of Defense shall assess the impacts

19 on the military family housing program of having the total

20 value of contracts and investments undertaken under the

21 Military Housing Privatization Initiative reach the limita22 tion on budget authority for the initiative specified in sec23 tion 2883(g) of title 10, United States Code.

24 (2) The assessment shall include: an estimate of

25 the appropriations and period of time necessary to
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1 provide the level and quality of housing contemplated

2 under the Military Housing Privatization Initiative

3 in the event that limitation in 10 U.S.C. 2883(g) is

4 not eliminated and the potential impact on military

5 families if the limitation is not eliminated.

6 (b) The Secretary of Defense shall, no later than De7 cember 31, 2004, provide to the congressional defense com8 mittees a report of the assessment required by subparagraph

9 (a).

10 (c) MILITARY HOUSING PRIVATIZATION INITIATIVE

11 DEFINED.—In this section, the term ‘‘military housing pri12 vatization initiative’’ means the programs and activities

13 undertaken under the alternative authority for the acquisi14 tion and improvement of military housing under sub15 chapter IV of chapter 169 of title 10, United States Code.

16 SEC. 131. Of the amount appropriated by this Act,

17 $1,500,000 shall be available to the Commission on Review

18 of Overseas Military Facility Structure of the United

19 States.

20 This Act may be cited as the ‘‘Military Construction

21 Appropriations Act, 2005’’.

Attest:

Secretary.
108TH CONGRESS

2D SESSION H. R. 4837

AMENDMENT