[DOCID: f:publ132.108]
[[Page 1373]]
MILITARY
CONSTRUCTION APPROPRIATIONS ACT, 2004
[[Page 117 STAT. 1374]]
Public Law 108-132
108th Congress
An Act
Making
appropriations for military construction, family housing, and
base realignment
and closure for the Department of Defense for the
fiscal year
ending
purposes.
<<NOTE:
Be it enacted by
the Senate and House of Representatives of the
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
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
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Army'' under Public Law 107-249, $137,850,000 are rescinded: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Army'' under Public Law 107-64, $24,000,000 are rescinded: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Army'' under Public Law 106-246, $17,415,000 are rescinded: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Army'' under Public Law 106-52, $4,350,000 are rescinded.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
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
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
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
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,
Code, and Military Construction Authorization Acts,
$62,032,000, to
remain available until
Security Investment Program
For the
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
``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
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
``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
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
except
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
Administration, Department of Transportation, for the construction
of
access roads as authorized by section 210 of title 23,
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
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
bordering the
States firms or
firms.
Sec. 112. None of
the funds appropriated in Military Construction
Appropriations Acts for military construction in the
territories and possessions in the Pacific and on Kwajalein
Atoll, or in
countries bordering the
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
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
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,
such nations and the
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
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
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
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
overseas.
(2) In conducting
the study, the Commission shall--
(A) assess
the number of forces required to be forward based
outside the
(B)
examine the current state of the military facilities and
training
ranges of the
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
whether in
direct payments, in-kind contributions, or otherwise,
from foreign
countries by reason of military facilities of the
(D) assess
whether or not the current military basing and
training range
structure of the
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
overseas, or
of the establishment of new military facilities of
the
(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
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
LEGISLATIVE HISTORY--H.R. 2559 (S. 1357):
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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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