    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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

    (including rescissions)

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    Army'' under Public Law 107-249, $137,850,000 are rescinded: Provided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    Army'' under Public Law 107-64, $24,000,000 are rescinded: Provided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    Army'' under Public Law 106-246, $17,415,000 are rescinded: Provided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

    (including rescissions)

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

    [[Page 1375]]
    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

    (including rescission)

    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

    (including rescission and transfer of funds)

    For acquisition, construction, installation, and equipment of
    temporary or permanent public works, installations, facilities, and real
    property for activities and agencies of the Department of Defense (other
    than the military departments), as currently authorized by law,
    $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 1376]]
    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

    (including rescission)

    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 1377]]
    117 STAT. 1377

    Investment Program'' under Public Law 107-249, $8,000,000 are rescinded.

    Family Housing Construction, Army

    (including rescission)

    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

    (including rescission)

    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

    (including rescission)

    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 1378]]
    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

    (including rescission)

    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 1379]]
    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 1380]]
    117 STAT. 1380

    (transfer of funds)

    Sec. 115. Funds appropriated to the Department of Defense for
    construction in prior years shall be available for construction
    authorized for each such military department by the authorizations
    enacted into law during the current session of Congress.
    Sec. 116. For military construction or family housing projects that
    are being completed with funds otherwise expired or lapsed for
    obligation, expired or lapsed funds may be used to pay the cost of
    associated supervision, inspection, overhead, engineering and design on
    those projects and on subsequent claims, if any.
    Sec.
    117. [NOTE: 10 USC 2860 note.] Notwithstanding any other
    provision of law, any funds appropriated to a military department or
    defense agency for the construction of military projects may be
    obligated for a military construction project or contract, or for any
    portion of such a project or contract, at any time before the end of the
    fourth fiscal year after the fiscal year for which funds for such
    project were appropriated if the funds obligated for such project: (1)
    are obligated from funds available for military construction projects;
    and (2) do not exceed the amount appropriated for such project, plus any
    amount by which the cost of such project is increased pursuant to law.

    (transfer of funds)

    Sec. 118. [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.] 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.

    (transfer of funds)

    Sec. 120. During the current fiscal year, in addition to any other
    transfer authority available to the Department of Defense, proceeds
    deposited to the Department of Defense Base Closure Account established
    by section 207(a)(1) of the Defense Authorization Amendments and Base
    Closure and Realignment Act (Public Law 100-526) pursuant to section
    207(a)(2)(C) of such Act, may be transferred to the account established
    by section 2906(a)(1) of the Department of Defense Authorization Act,
    1991, to be merged

    [[Page 1381]]
    117 STAT. 1381

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

    (transfer of funds)

    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.

    (transfer of funds)

    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 1382]]
    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 1383]]
    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 1384]]
    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 1385]]
    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.