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             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Army'' under Public Law 107-249, $137,850,000 are rescinded: Provided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Army'' under Public Law 107-64, $24,000,000 are rescinded: Provided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Army'' under Public Law 106-246, $17,415,000 are rescinded: Provided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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