Text: H.R.2559 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-132 (11/22/2003)

 
[108th Congress Public Law 132]
[From the U.S. Government Printing Office]


[DOCID: f:publ132.108]

[[Page 1373]]

             MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2004

[[Page 117 STAT. 1374]]

Public Law 108-132
108th Congress

                                 An Act


 
  Making appropriations for military construction, family housing, and 
   base realignment and closure for the Department of Defense for the 
          fiscal year ending September 30, 2004, and for other 
            purposes. <<NOTE: Nov. 22, 2003 -  [H.R. 2559]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Military 
Construction Appropriations Act, 2004.>> 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, 2004, and for other 
purposes, namely:

                       Military Construction, Army

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, facilities, 
and real property for the Army as currently authorized by law, including 
personnel in the Army Corps of Engineers and other personal services 
necessary for the purposes of this appropriation, and for construction 
and operation of facilities in support of the functions of the Commander 
in Chief, $1,448,239,000, to remain available until September 30, 2008: 
Provided, That of this amount, not to exceed $126,833,000 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Army'' under Public Law 107-249, $137,850,000 are rescinded: Provided 
further, That of the funds appropriated for ``Military Construction, 
Army'' under Public Law 107-64, $24,000,000 are rescinded: Provided 
further, That of the funds appropriated for ``Military Construction, 
Army'' under Public Law 106-246, $17,415,000 are rescinded: Provided 
further, That of the funds appropriated for ``Military Construction, 
Army'' under Public Law 106-52, $4,350,000 are rescinded.

                       Military Construction, Navy

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities,

[[Page 117 STAT. 1375]]

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, 
$1,238,458,000, to remain available until September 30, 2008: Provided, 
That of this amount, not to exceed $71,001,000 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 Public Law 107-249, 
$27,213,000 are rescinded: Provided further, That of the funds 
appropriated for ``Military Construction, Navy'' under Public Law 107-
64, $18,409,000 are 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, 
$1,067,751,000, to remain available until September 30, 2008: Provided, 
That of this amount, not to exceed $95,778,000 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, Air Force'' in Public Law 107-249, 
$23,000,000 are rescinded.

                   Military Construction, Defense-Wide

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and real 
property for activities and agencies of the Department of Defense (other 
than the military departments), as currently authorized by law, 
$773,471,000, to remain available until September 30, 2008: 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, <<NOTE: Notification.>> That of the amount appropriated, not to 
exceed $65,130,000 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 Public Law 107-249, 
$72,309,000 are rescinded.

[[Page 117 STAT. 1376]]

               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, $311,592,000, to remain available until September 
30, 2008.

                Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $222,908,000, to remain available until September 
30, 2008.

                   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, $88,451,000, to remain 
available until September 30, 2008.

                  Military Construction, Naval Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $45,498,000, to remain available until September 30, 
2008.

                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, $62,032,000, to 
remain available until September 30, 2008.

                   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, $169,300,000, to remain available until expended: 
Provided, That of the funds appropriated for ``North Atlantic Treaty 
Organization Security

[[Page 117 STAT. 1377]]

Investment Program'' under Public Law 107-249, $8,000,000 are rescinded.

                    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, $383,591,000, to remain available 
until September 30, 2008: Provided, That of the funds appropriated for 
``Family Housing Construction, Army'' under Public Law 107-249, 
$94,151,000 are rescinded.

             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, $1,033,026,000.

           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, $184,193,000, to remain 
available until September 30, 2008: Provided, That of the funds 
appropriated for ``Family Housing Construction, Navy and Marine Corps'' 
under Public Law 107-249, $40,508,000 are rescinded.

     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, $835,078,000.

                 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, $657,065,000, to remain available 
until September 30, 2008: Provided, That of the funds appropriated for 
``Family Housing Construction, Air Force'' under Public Law 107-249, 
$19,347,000 are rescinded.

           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, $816,074,000.

[[Page 117 STAT. 1378]]

                Family Housing Construction, Defense-Wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
construction, including acquisition, replacement, addition, expansion, 
extension and alteration, as authorized by law, $350,000, to remain 
available until September 30, 2008.

         Family Housing Operation and Maintenance, Defense-Wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
operation and maintenance, leasing, and minor construction, as 
authorized by law, $49,440,000.

          Department of Defense Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement Fund, 
$300,000, 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: Provided, That of 
funds available in the ``Family Housing Improvement Fund'', $9,692,000 
are rescinded.

                  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), $370,427,000, to remain 
available until expended.

                           GENERAL PROVISIONS

    Sec. 101. <<NOTE: Contracts.>> 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

[[Page 117 STAT. 1379]]

by a Federal court; (2) purchases negotiated by the Attorney General or 
his designee; (3) where the estimated value is less than $25,000; or (4) 
as otherwise determined by the Secretary of Defense to be in the public 
interest.
    Sec. 106. None of the funds appropriated in Military Construction 
Appropriations Acts shall be used to: (1) acquire land; (2) provide for 
site preparation; or (3) install utilities for any family housing, 
except housing for which funds have been made available in annual 
Military Construction Appropriations Acts.
    Sec. 107. None of the funds appropriated in Military Construction 
Appropriations Acts for minor construction may be used to transfer or 
relocate any activity from one base or installation to another, without 
prior notification to the Committees on Appropriations.
    Sec. 108. No part of the funds appropriated in Military Construction 
Appropriations Acts may be used for the procurement of steel for any 
construction project or activity for which American steel producers, 
fabricators, and manufacturers have been denied the opportunity to 
compete for such steel procurement.
    Sec. 109. None of the funds available to the Department of Defense 
for military construction or family housing during the current fiscal 
year may be used to pay real property taxes in any foreign nation.
    Sec. 110. None of the funds appropriated in Military Construction 
Appropriations Acts may be used to initiate a new installation overseas 
without prior notification to the Committees on Appropriations.
    Sec. 111. None of the funds appropriated in Military Construction 
Appropriations Acts may be obligated for architect and engineer 
contracts estimated by the Government to exceed $500,000 for projects to 
be accomplished in Japan, in any NATO member country, or in countries 
bordering the Arabian Sea, unless such contracts are awarded to United 
States firms or United States firms in joint venture with host nation 
firms.
    Sec. 112. None of the funds appropriated in Military Construction 
Appropriations Acts for military construction in the United States 
territories and possessions in the Pacific and on Kwajalein Atoll, or in 
countries bordering the Arabian Sea, may be used to award any contract 
estimated by the Government to exceed $1,000,000 to a foreign 
contractor: Provided, That this section shall not be applicable to 
contract awards for which the lowest responsive and responsible bid of a 
United States contractor exceeds the lowest responsive and responsible 
bid of a foreign contractor by greater than 20 percent: Provided 
further, That this section shall not apply to contract awards for 
military construction on Kwajalein Atoll for which the lowest responsive 
and responsible bid is submitted by a Marshallese contractor.
    Sec. 113. <<NOTE: Notification. Deadline.>> 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.

[[Page 117 STAT. 1380]]

    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. <<NOTE: 10 USC 2860 note. (transfer of 
funds)>> Notwithstanding any other provision of law, any funds 
appropriated to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were appropriated if 
the funds obligated for such project: (1) are obligated from funds 
available for military construction projects; and (2) do not exceed the 
amount appropriated for such project, plus any amount by which the cost 
              of such project is increased pursuant to law.

    Sec. 118. <<NOTE: 10 USC 2860 note.>> 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. <<NOTE: Reports. Deadline. (transfer of funds)>> The 
Secretary of Defense is to provide the Committees on Appropriations of 
the Senate and the House of Representatives with an annual report by 
February 15, containing details of the specific actions proposed to be 
taken by the Department of Defense during the current fiscal year to 
encourage other member nations of the North Atlantic Treaty 
Organization, Japan, Korea, and United States allies bordering the 
Arabian Sea to assume a greater share of the common defense burden of 
                   such nations and the United States.

    Sec. 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

[[Page 117 STAT. 1381]]

with, and to be available for the same purposes and the same time period 
                            as that account.

    Sec. 121. 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. 122. 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. 123. <<NOTE: Deadline. Contracts. Notice.>> (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.

    Sec. 124. 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)

[[Page 117 STAT. 1382]]

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. 125. <<NOTE: 10 USC 2821 note.>> Notwithstanding this or any 
other provision of law, funds appropriated in Military Construction 
Appropriations Acts for operations and maintenance of family housing 
shall be the exclusive source of funds for repair and maintenance of all 
family housing units, including general or flag officer quarters: 
Provided, That not more than $35,000 per unit may be spent annually for 
the maintenance and repair of any general or flag officer quarters 
without 30 days advance prior notification to the appropriate committees 
of Congress, except that an after-the-fact notification shall be 
submitted if the limitation is exceeded solely due to costs associated 
with environmental remediation that could not be reasonably anticipated 
at the time of the budget submission: Provided 
further, <<NOTE: Reports.>> That the Under Secretary of Defense 
(Comptroller) is to report annually to the Committees on Appropriations 
all operations and maintenance expenditures for each individual general 
or flag officer quarters for the prior fiscal year.

    Sec. 126. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 127. No funds appropriated in this Act under the heading 
``North Atlantic Treaty Organization Security Investment Program'', and 
no funds appropriated for any fiscal year before fiscal year 2004 for 
that program that remain available for obligation, may be obligated or 
expended for the conduct of studies of missile defense.
    Sec. 128. <<NOTE: Establishment. 10 USC 111 note.>> (a) Commission 
on Review of Overseas Military Facility Structure of the United 
States.--(1) There is established the Commission on the Review of the 
Overseas Military Facility Structure of the United States (in this 
section referred to as the ``Commission'').

    (2)(A) The Commission shall be composed of eight members of whom--
            (i) two shall be appointed by the Majority Leader of the 
        Senate;
            (ii) two shall be appointed by the Minority Leader of the 
        Senate;
            (iii) two shall be appointed by the Speaker of the House of 
        Representatives; and
            (iv) two shall be appointed by the Minority Leader of the 
        House of Representatives.

    (B) Individuals appointed to the Commission shall have significant 
experience in the national security or foreign policy of the United 
States.
    (C) <<NOTE: Deadline.>> Appointments of the members of the 
Commission shall be made not later than 45 days after the date of the 
enactment of this Act.

    (3) Members shall be appointed for the life of the Commission. Any 
vacancy in the Commission shall not affect its powers, but shall be 
filled in the same manner as the original appointment.

[[Page 117 STAT. 1383]]

    (4) <<NOTE: Deadline.>> Not later than 30 days after the date on 
which all members of the Commission have been appointed, the Commission 
shall hold its first meeting.

    (5) The Commission shall meet at the call of the Chairman.
    (6) A majority of the members of the Commission shall constitute a 
quorum, but a lesser number of members may hold hearings.
    (7) The Commission shall select a Chairman and Vice Chairman from 
among its members.
    (b) Duties.--(1) The Commission shall conduct a thorough study of 
matters relating to the military facility structure of the United States 
overseas.
    (2) In conducting the study, the Commission shall--
            (A) assess the number of forces required to be forward based 
        outside the United States;
            (B) examine the current state of the military facilities and 
        training ranges of the United States overseas for all permanent 
        stations and deployed locations, including the condition of land 
        and improvements at such facilities and ranges and the 
        availability of additional land, if required, for such 
        facilities and ranges;
            (C) identify the amounts received by the United States, 
        whether in direct payments, in-kind contributions, or otherwise, 
        from foreign countries by reason of military facilities of the 
        United States overseas;
            (D) assess whether or not the current military basing and 
        training range structure of the United States overseas is 
        adequate to meet the current and future mission of the 
        Department of Defense, including contingency, mobilization, and 
        future force requirements;
            (E) assess the feasibility and advisability of the closure 
        or realignment of military facilities of the United States 
        overseas, or of the establishment of new military facilities of 
        the United States overseas; and
            (F) consider or assess any other issue relating to military 
        facilities of the United States overseas that the Commission 
        considers appropriate.

    (3)(A) <<NOTE: Deadline. Reports.>> Not later than December 31, 
2004, the Commission shall submit to the President and Congress a report 
which shall contain a detailed statement of the findings and conclusions 
of the Commission, together with its recommendations for such 
legislation and administrative actions as it considers appropriate.

    (B) In addition to the matters specified in subparagraph (A), the 
report shall also include a proposal by the Commission for an overseas 
basing strategy for the Department of Defense in order to meet the 
current and future mission of the Department.
    (c) Powers.--(1) The Commission may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such evidence 
as the Commission considers advisable to carry out this section.
    (2) The Commission may secure directly from any Federal department 
or agency such information as the Commission considers necessary to 
carry out this section. Upon request of the Chairman of the Commission, 
the head of such department or agency shall furnish such information to 
the Commission.
    (3) Upon request of the Commission, the Administrator of General 
Services shall provide to the Commission, on a reimbursable

[[Page 117 STAT. 1384]]

basis, the administrative support necessary for the Commission to carry 
out its duties under this section.
    (4) The Commission may use the United States mails in the same 
manner and under the same conditions as other departments and agencies 
of the Federal Government.
    (5) The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    (d) Personnel Matters.--(1) Each member of the Commission who is not 
an officer or employee of the Federal Government shall be compensated at 
a rate equal to the daily equivalent of the annual rate of basic pay 
prescribed for level IV of the Executive Schedule under section 5315 of 
title 5, United States Code, for each day (including travel time) during 
which such member is engaged in the performance of the duties of the 
Commission under this section. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as officers 
or employees of the United States.
    (2)(A) Members of the Commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or regular places of 
business in the performance of services for the Commission under this 
section.
    (B) Members and staff of the Commission may receive transportation 
on military aircraft to and from the United States, and overseas, for 
purposes of the performance of the duties of the Commission to the 
extent that such transportation will not interfere with the requirements 
of military operations.
    (3)(A) The Chairman of the Commission may, without regard to the 
civil service laws and regulations, appoint and terminate an executive 
director and such other additional personnel as may be necessary to 
enable the Commission to perform its duties under this section. The 
employment of an executive director shall be subject to confirmation by 
the Commission.
    (B) The Commission may employ a staff to assist the Commission in 
carrying out its duties. The total number of the staff of the 
Commission, including an executive director under subparagraph (A), may 
not exceed 12.
    (C) The Chairman of the Commission may fix the compensation of the 
executive director and other personnel without regard to chapter 51 and 
subchapter III of chapter 53 of title 5, United States Code, relating to 
classification of positions and General Schedule pay rates, except that 
the rate of pay for the executive director and other personnel may not 
exceed the rate payable for level V of the Executive Schedule under 
section 5316 of such title.
    (4) Any employee of the Department of Defense, the Department of 
State, or the General Accounting Office may be detailed to the 
Commission without reimbursement, and such detail shall be without 
interruption or loss of civil service status or privilege.
    (5) The Chairman of the Commission may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code, at rates for individuals which do not exceed the daily equivalent 
of the annual rate of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of such title.

[[Page 117 STAT. 1385]]

    (e) Security.--(1) Members and staff of the Commission, and any 
experts and consultants to the Commission, shall possess security 
clearances appropriate for their duties with the Commission under this 
section.
    (2) The Secretary of Defense shall assume responsibility for the 
handling and disposition of any information relating to the national 
security of the United States that is received, considered, or used by 
the Commission under this section.
    (f) Termination.--The Commission shall terminate 45 days after the 
date on which the Commission submits its report under subsection (b).
    (g) Funding.--(1) Of the amount appropriated by this Act, $3,000,000 
shall be available to the Commission to carry out this section.
    (2) The amount made available by paragraph (1) shall remain 
available, without fiscal year limitation, until September 2005.
    This Act may be cited as the ``Military Construction Appropriations 
Act, 2004''.

    Approved November 22, 2003.

LEGISLATIVE HISTORY--H.R. 2559 (S. 1357):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 108-173 (Comm. on Appropriations) and 108-342 
(Comm. of Conference).
SENATE REPORTS: No. 108-82 accompanying S. 1357 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 149 (2003):
            June 26, considered and passed House.
            July 10, 11, considered and passed Senate, amended, in lieu 
                of S. 1357.
            Nov. 5, House agreed to conference report.
            Nov. 12, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
            Nov. 22, Presidential statement.

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