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Conference Report 107-772 - National Defense Authorization Act for Fiscal Year 2003

Conference Report Section

Legislative History

SEC. 2803. PILOT HOUSING PRIVATIZATION AUTHORITY FOR ACQUISITION OR CONSTRUCTION OF MILITARY UNACCOMPANIED HOUSING.

    (a) IN GENERAL- (1) Subchapter IV of chapter 169 of title 10, United States Code, is amended by inserting after section 2881 the following new section:

`Sec. 2881a. Pilot projects for acquisition or construction of military unaccompanied housing

    `(a) PILOT PROJECTS AUTHORIZED- The Secretary of the Navy may carry out not more than three pilot projects under the authority of this section or another provision of this subchapter to use the private sector for the acquisition or construction of military unaccompanied housing in the United States, including any territory or possession of the United States.

    `(b) TREATMENT OF HOUSING; ASSIGNMENT OF MEMBERS- The Secretary of the Navy may assign members of the armed forces without dependents to housing units acquired or constructed under the pilot projects, and such housing units shall be considered as quarters of the United States or a housing facility under the jurisdiction of the Secretary for purposes of section 403 of title 37.

    `(c) BASIC ALLOWANCE FOR HOUSING- (1) The Secretary of Defense may prescribe and, under section 403(n) of title 37, pay for members of the armed forces without dependents in privatized housing acquired or constructed under the pilot projects higher rates of partial basic allowance for housing than the rates authorized under paragraph (2) of such section.

    `(2) The partial basic allowance for housing paid for a member at a higher rate under this subsection may be paid directly to the private sector source of the housing to whom the member is obligated to pay rent or other charge for residing in such housing if the private sector source credits the amount so paid against the amount owed by the member for the rent or other charge.

    `(d) FUNDING- (1) The Secretary of the Navy shall use the Department of Defense Military Unaccompanied Housing Improvement Fund to carry out activities under the pilot projects.

    `(2) Subject to 90 days prior notification to the appropriate committees of Congress, such additional amounts as the Secretary of Defense considers necessary may be transferred to the Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing in military construction accounts. The amounts so transferred shall be merged with and be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund.

    `(e) REPORTS- (1) The Secretary of the Navy shall transmit to the appropriate committees of Congress a report describing--

      `(A) each contract for the acquisition of military unaccompanied housing that the Secretary proposes to solicit under the pilot projects;

      `(B) each conveyance or lease proposed under section 2878 of this title in furtherance of the pilot projects; and

      `(C) the proposed partial basic allowance for housing rates for each contract as they vary by grade of the member and how they compare to basic allowance for housing rates for other contracts written under the authority of the pilot programs.

    `(2) The report shall describe the proposed contract, conveyance, or lease and the intended method of participation of the United States in the contract, conveyance, or lease and provide a justification of such method of participation. The report shall be submitted not later than 90 days before the date on which the Secretary issues the contract solicitation or offers the conveyance or lease.

    `(f) EXPIRATION- Notwithstanding section 2885 of this title, the authority of the Secretary of the Navy to enter into a contract under the pilot programs shall expire September 30, 2007.'.

    (2) The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2881 the following new item:

`2881a. Pilot projects for acquisition or construction of military unaccompanied housing.'.

    (b) CONFORMING AMENDMENT- Section 2871(7) of title 10, United States Code, is amended by inserting before the period at the end the following: `and transient housing intended to be occupied by members of the armed forces on temporary duty'.

Conference Report 107-772

The House bill contained a provision (sec. 2804) that would authorize the Secretary of the Navy to undertake no more than three pilot projects within the United States and its territories for the acquisition or construction of military unaccompanied housing to be operated and maintained by private sector entities. The provision would also authorize the Secretary of Defense to set specific higher rates of partial basic allowance for housing (BAH) for sailors or marines assigned to this housing. The authorities would expire September 30, 2007.  (See H. R. 4546 below.)

The Senate amendment contained a provision (sec. 604) that would authorize the Secretary of Defense to prescribe higher partial basic allowance for housing rates. The rates would be expected to approximate, but be lower than, current BAH rates for unaccompanied junior enlisted personnel assigned to shore commands where government-provided housing is not available. The authority would expire in 2007.  (This provisions does not deal with privatization construction.)

The Senate recedes with an amendment that would authorize a partial BAH for members assigned to such projects and would direct that the Department of Defense Military Unaccompanied Housing Improvement Fund be used to fund the pilot program.

H. R. 4546

SEC. 2804. PILOT HOUSING PRIVATIZATION AUTHORITY FOR ACQUISITION OR CONSTRUCTION OF MILITARY UNACCOMPANIED HOUSING.

    (a) IN GENERAL- (1) Subchapter IV of chapter 169 of title 10, United States Code, is amended by inserting after section 2881 the following new section:

`Sec. 2881a. Pilot projects for acquisition or construction of military unaccompanied housing

    `(a) PILOT PROJECTS AUTHORIZED- The Secretary of the Navy may carry out not more than 3 pilot projects under the authority of this section or another provision of this subchapter to use the private sector for the acquisition or construction of military unaccompanied housing in the United States, including any territory or possession of the United States.

    `(b) ASSIGNMENT OF MEMBERS AND BASIC ALLOWANCE FOR HOUSING- (1) The Secretary of the Navy may assign members of the armed forces to housing units acquired or constructed under the pilot projects, and such housing units shall be considered as quarters of the United States or a housing facility under the jurisdiction of a uniformed service for purposes of section 403 of title 37.

    `(2) Notwithstanding section 403(n)(2) of title 37, the Secretary of Defense may set specific higher rates of partial basic allowance for housing for a member of the armed forces who is assigned to a housing unit acquired or constructed under the pilot projects. Any increase in the rate of partial basic allowance for housing to accommodate the pilot programs shall be in addition to any partial basic allowance for housing that the member may otherwise be eligible to receive under section 403(n) of title 37. A member may not sustain a reduction in partial basic allowance for housing as a result of assignment to a housing unit acquired or constructed under the pilot projects.

    `(c) FUNDING- (1) The Department of Defense Housing Improvement Fund shall be used to carry out activities under the pilot projects.

    `(2) Subject to 90 days prior notification to the appropriate committees of Congress, such additional amounts as the Secretary of Defense considers necessary may be transferred to the Department of Defense Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing projects in military construction accounts. The amounts so transferred shall 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.

    `(d) REPORTS- (1) The Secretary of the Navy shall transmit to the appropriate committees of Congress a report describing--

      `(A) each contract for the acquisition of military unaccompanied housing that the Secretary proposes to solicit under the pilot projects;

      `(B) each conveyance or lease proposed under section 2878 of this title in furtherance of the pilot projects; and

      `(C) the proposed partial basic allowance for housing rates for each contract as they vary by grade of the member and how they compare to basic allowance for housing rates for other contracts written under the authority of the pilot programs.

    `(2) The report shall describe the proposed contract, conveyance, or lease and the intended method of participation of the United States in the contract, conveyance, or lease and provide a justification of such method of participation. The report shall be submitted not later than 90 days before the date on which the Secretary issues the contract solicitation or offers the conveyance or lease.

    `(e) EXPIRATION- Notwithstanding section 2885 of this title, the authority of the Secretary of the Navy to enter into a contract under the pilot programs shall expire September 30, 2007.'.

    (2) The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2881 the following new item:

      `2881a. Pilot projects for acquisition or construction of military unaccompanied housing.'.

    (b) CONFORMING AMENDMENT- Section 2871(7) of title 10, United States Code, is amended by inserting before the period at the end the following: `and transient housing intended to be occupied by members of the armed forces on temporary duty'.

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