[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Army'' under Public Law 107-249, $137,850,000 are rescinded: Provided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Army'' under Public Law 107-64, $24,000,000 are rescinded: Provided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Army'' under Public Law 106-246, $17,415,000 are rescinded: Provided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Army'' under Public Law 106-52, $4,350,000 are rescinded.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.