In the Senate of the United States,

July 11, 2003.

Resolved, That the bill from the House of Representatives (H.R. 2559) entitled ‘‘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.’’, do

pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated for mili3 tary construction, family housing, and base realignment

4 and closure functions administered by the Department of

5 Defense, for the fiscal year ending September 30, 2004, and

6 for other purposes, namely:
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1 MILITARY CONSTRUCTION, ARMY

2 (INCLUDING RESCISSION)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, military in5 stallations, facilities, and real property for the Army as

6 currently authorized by law, including personnel in the

7 Army Corps of Engineers and other personal services nec8 essary for the purposes of this appropriation, and for con9 struction and operation of facilities in support of the func10 tions of the Commander in Chief, $1,255,155,000, to remain

11 available until September 30, 2008: Provided, That of this

12 amount, not to exceed $134,645,000, shall be available for

13 study, planning, design, architect and engineer services,

14 and host nation support, as authorized by law, unless the

15 Secretary of Defense determines that additional obligations

16 are necessary for such purposes and notifies the Committees

17 on Appropriations of both Houses of Congress of his deter18 mination and the reasons therefor: Provided further, That

19 of the funds appropriated for ‘‘Military Construction,

20 Army’’ in previous Military Construction Appropriation

21 Acts, $183,615,000 are rescinded.

22 MILITARY CONSTRUCTION, NAVY

23 (INCLUDING RESCISSION)

24 For acquisition, construction, installation, and equip25 ment of temporary or permanent public works, naval in-
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1 stallations, facilities, and real property for the Navy as cur2 rently authorized by law, including personnel in the Naval

3 Facilities Engineering Command and other personal serv4 ices necessary for the purposes of this appropriation,

5 $1,195,659,000, to remain available until September 30,

6 2008: Provided, That of this amount, not to exceed

7 $77,283,000, shall be available for study, planning, design,

8 architect and engineer services, as authorized by law, unless

9 the Secretary of Defense determines that additional obliga10 tions are necessary for such purposes and notifies the Com11 mittees on Appropriations of both Houses of Congress of his

12 determination and the reasons therefor: Provided further,

13 That of the funds appropriated for ‘‘Military Construction,

14 Navy’’ in previous Military Construction Appropriation

15 Acts, $39,322,000 are rescinded.

16 MILITARY CONSTRUCTION, AIR FORCE

17 For acquisition, construction, installation, and equip18 ment of temporary or permanent public works, military in19 stallations, facilities, and real property for the Air Force

20 as currently authorized by law, $1,056,377,000, to remain

21 available until September 30, 2008: Provided, That of this

22 amount, not to exceed $112,075,000, shall be available for

23 study, planning, design, architect and engineer services, as

24 authorized by law, unless the Secretary of Defense deter25 mines that additional obligations are necessary for such
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1 purposes and notifies the Committees on Appropriations of

2 both Houses of Congress of his determination and the rea3 sons therefor.

4 MILITARY CONSTRUCTION, DEFENSE-WIDE

5 (INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)

6 For acquisition, construction, installation, and equip7 ment of temporary or permanent public works, installa8 tions, facilities, and real property for activities and agen9 cies of the Department of Defense (other than the military

10 departments), as currently authorized by law,

11 $712,567,000, to remain available until September 30,

12 2008: Provided, That such amounts of this appropriation

13 as may be determined by the Secretary of Defense may be

14 transferred to such appropriations of the Department of De15 fense available for military construction or family housing

16 as he may designate, to be merged with and to be available

17 for the same purposes, and for the same time period, as

18 the appropriation or fund to which transferred: Provided

19 further, That of the amount appropriated, not to exceed

20 $70,881,000, shall be available for study, planning, design,

21 architect and engineer services, as authorized by law, unless

22 the Secretary of Defense determines that additional obliga23 tions are necessary for such purposes and notifies the Com24 mittees on Appropriations of both Houses of Congress of his

25 determination and the reasons therefor: Provided further,
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1 That of the funds appropriated for ‘‘Military Construction,

2 Defense-wide’’ in previous Military Construction Appro3 priation Acts, $32,680,000 are rescinded.

4 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

5 For construction, acquisition, expansion, rehabilita6 tion, and conversion of facilities for the training and ad7 ministration of the Army National Guard, and contribu8 tions therefor, as authorized by chapter 1803 of title 10,

9 United States Code, and Military Construction Authoriza10 tion Acts, $304,085,000, to remain available until Sep11 tember 30, 2008.

12 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

13 For construction, acquisition, expansion, rehabilita14 tion, and conversion of facilities for the training and ad15 ministration of the Air National Guard, and contributions

16 therefor, as authorized by chapter 1803 of title 10, United

17 States Code, and Military Construction Authorization Acts,

18 $221,013,000, to remain available until September 30,

19 2008.

20 MILITARY CONSTRUCTION, ARMY RESERVE

21 For construction, acquisition, expansion, rehabilita22 tion, and conversion of facilities for the training and ad23 ministration of the Army Reserve as authorized by chapter

24 1803 of title 10, United States Code, and Military Con-
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1 struction Authorization Acts, $73,979,000, to remain avail2 able until September 30, 2008.

3 MILITARY CONSTRUCTION, NAVAL RESERVE

4 For construction, acquisition, expansion, rehabilita5 tion, and conversion of facilities for the training and ad6 ministration of the reserve components of the Navy and Ma7 rine Corps as authorized by chapter 1803 of title 10, United

8 States Code, and Military Construction Authorization Acts,

9 $34,742,000, to remain available until September 30, 2008.

10 MILITARY CONSTRUCTION, AIR FORCE RESERVE

11 For construction, acquisition, expansion, rehabilita12 tion, and conversion of facilities for the training and ad13 ministration of the Air Force Reserve as authorized by

14 chapter 1803 of title 10, United States Code, and Military

15 Construction Authorization Acts, $57,426,000, to remain

16 available until September 30, 2008.

17 NORTH ATLANTIC TREATY ORGANIZATION

18 SECURITY INVESTMENT PROGRAM

19 For the United States share of the cost of the North

20 Atlantic Treaty Organization Security Investment Pro21 gram for the acquisition and construction of military facili22 ties and installations (including international military

23 headquarters) and for related expenses for the collective de24 fense of the North Atlantic Treaty Area as authorized in

25 Military Construction Authorization Acts and section 2806
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1 of title 10, United States Code, $169,300,000, to remain

2 available until expended.

3 FAMILY HOUSING CONSTRUCTION, ARMY

4 (INCLUDING RESCISSION)

5 For expenses of family housing for the Army for con6 struction, including acquisition, replacement, addition, ex7 pansion, extension and alteration, as authorized by law,

8 $409,191,000, to remain available until September 30,

9 2008: Provided, That of the funds appropriated for ‘‘Family

10 Housing Construction, Army’’ in previous Military Con11 struction Appropriation Acts, $52,300,000 are rescinded.

12 FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

13 For expenses of family housing for the Army for oper14 ation and maintenance, including debt payment, leasing,

15 minor construction, principal and interest charges, and in16 surance premiums, as authorized by law, $1,043,026,000,

17 to remain available until September 30, 2005.

18 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

19 CORPS

20 (INCLUDING RESCISSION)

21 For expenses of family housing for the Navy and Ma22 rine Corps for construction, including acquisition, replace23 ment, addition, expansion, extension and alteration, as au24 thorized by law, $184,193,000, to remain available until

25 September 30, 2008: Provided, That of the funds appro-
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1 priated for ‘‘Family Housing Construction, Navy and Ma2 rine Corps’’ in previous Military Construction Appropria3 tion Acts, $3,585,000 are rescinded.

4 FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY

5 AND MARINE CORPS

6 For expenses of family housing for the Navy and Ma7 rine Corps for operation and maintenance, including debt

8 payment, leasing, minor construction, principal and inter9 est charges, and insurance premiums, as authorized by law,

10 $852,778,000, to remain available until September 30,

11 2005.

12 FAMILY HOUSING CONSTRUCTION, AIR FORCE

13 (INCLUDING RESCISSION)

14 For expenses of family housing for the Air Force for

15 construction, including acquisition, replacement, addition,

16 expansion, extension and alteration, as authorized by law,

17 $657,026,000, to remain available until September 30,

18 2008: Provided, That of the funds appropriated for ‘‘Family

19 Housing Construction, Air Force’’ in previous Military

20 Construction Appropriation Acts, $29,039,000 are re21 scinded.

22 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

23 FORCE

24 For expenses of family housing for the Air Force for

25 operation and maintenance, including debt payment, leas-
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1 ing, minor construction, principal and interest charges,

2 and insurance premiums, as authorized by law,

3 $834,468,000, to remain available until September 30,

4 2005.

5 FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE

6 For expenses of family housing for the activities and

7 agencies of the Department of Defense (other than the mili8 tary departments) for construction, including acquisition,

9 replacement, addition, expansion, extension and alteration,

10 as authorized by law, $350,000, to remain available until

11 September 30, 2008.

12 FAMILY HOUSING OPERATION AND MAINTENANCE,

13 DEFENSE-WIDE

14 For expenses of family housing for the activities and

15 agencies of the Department of Defense (other than the mili16 tary departments) for operation and maintenance, leasing,

17 and minor construction, as authorized by law, $49,440,000,

18 to remain available until September 30, 2005.

19 DEPARTMENT OF DEFENSE FAMILY HOUSING

20 IMPROVEMENT FUND

21 For the Department of Defense Family Housing Im22 provement Fund, $300,000, to remain available until ex23 pended, for family housing initiatives undertaken pursuant

24 to section 2883 of title 10, United States Code, providing
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1 alternative means of acquiring and improving military

2 family housing, and supporting facilities.

3 BASE REALIGNMENT AND CLOSURE ACCOUNT

4 For deposit into the Department of Defense Base Clo5 sure Account 1990 established by section 2906(a)(1) of the

6 Department of Defense Authorization Act, 1991 (Public

7 Law 101–510), $370,427,000, to remain available until ex8 pended.

9 GENERAL PROVISIONS—MILITARY

10 CONSTRUCTION

11 SEC. 101. None of the funds appropriated in Military

12 Construction Appropriations Acts shall be expended for

13 payments under a cost-plus-a-fixed-fee contract for con14 struction, where cost estimates exceed $25,000, to be per15 formed within the United States, except Alaska, without the

16 specific approval in writing of the Secretary of Defense set17 ting forth the reasons therefor.

18 SEC. 102. Funds appropriated to the Department of

19 Defense for construction shall be available for hire of pas20 senger motor vehicles.

21 SEC. 103. Funds appropriated to the Department of

22 Defense for construction may be used for advances to the

23 Federal Highway Administration, Department of Trans24 portation, for the construction of access roads as authorized

25 by section 210 of title 23, United States Code, when projects
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1 authorized therein are certified as important to the national

2 defense by the Secretary of Defense.

3 SEC. 104. None of the funds appropriated in this Act

4 may be used to begin construction of new bases inside the

5 continental United States for which specific appropriations

6 have not been made.

7 SEC. 105. No part of the funds provided in Military

8 Construction Appropriations Acts shall be used for purchase

9 of land or land easements in excess of 100 percent of the

10 value as determined by the Army Corps of Engineers or

11 the Naval Facilities Engineering Command, except: (1)

12 where there is a determination of value by a Federal court;

13 (2) purchases negotiated by the Attorney General or his des14 ignee; (3) where the estimated value is less than $25,000;

15 or (4) as otherwise determined by the Secretary of Defense

16 to be in the public interest.

17 SEC. 106. None of the funds appropriated in Military

18 Construction Appropriations Acts shall be used to: (1) ac19 quire land; (2) provide for site preparation; or (3) install

20 utilities for any family housing, except housing for which

21 funds have been made available in annual Military Con22 struction Appropriations Acts.

23 SEC. 107. None of the funds appropriated in Military

24 Construction Appropriations Acts for minor construction

25 may be used to transfer or relocate any activity from one
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1 base or installation to another, without prior notification

2 to the Committees on Appropriations.

3 SEC. 108. No part of the funds appropriated in Mili4 tary Construction Appropriations Acts may be used for the

5 procurement of steel for any construction project or activity

6 for which American steel producers, fabricators, and manu7 facturers have been denied the opportunity to compete for

8 such steel procurement.

9 SEC. 109. None of the funds available to the Depart10 ment of Defense for military construction or family housing

11 during the current fiscal year may be used to pay real prop12 erty taxes in any foreign nation.

13 SEC. 110. None of the funds appropriated in Military

14 Construction Appropriations Acts may be used to initiate

15 a new installation overseas without prior notification to the

16 Committees on Appropriations.

17 SEC. 111. None of the funds appropriated in Military

18 Construction Appropriations Acts may be obligated for ar19 chitect and engineer contracts estimated by the Government

20 to exceed $500,000 for projects to be accomplished in Japan,

21 in any NATO member country, or in countries bordering

22 the Arabian Sea, unless such contracts are awarded to

23 United States firms or United States firms in joint venture

24 with host nation firms.
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1 SEC. 112. None of the funds appropriated in Military

2 Construction Appropriations Acts for military construction

3 in the United States territories and possessions in the Pa4 cific and on Kwajalein Atoll, or in countries bordering the

5 Arabian Sea, may be used to award any contract estimated

6 by the Government to exceed $1,000,000 to a foreign con7 tractor: Provided, That this section shall not be applicable

8 to contract awards for which the lowest responsive and re9 sponsible bid of a United States contractor exceeds the low10 est responsive and responsible bid of a foreign contractor

11 by greater than 20 percent: Provided further, That this sec12 tion shall not apply to contract awards for military con13 struction on Kwajalein Atoll for which the lowest responsive

14 and responsible bid is submitted by a Marshallese con15 tractor.

16 SEC. 113. The Secretary of Defense is to inform the

17 appropriate committees of Congress, including the Commit18 tees on Appropriations, of the plans and scope of any pro19 posed military exercise involving United States personnel

20 30 days prior to its occurring, if amounts expended for con21 struction, either temporary or permanent, are anticipated

22 to exceed $100,000.

23 SEC. 114. Not more than 20 percent of the appropria24 tions in Military Construction Appropriations Acts which
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1 are limited for obligation during the current fiscal year

2 shall be obligated during the last 2 months of the fiscal year.

3 (TRANSFER OF FUNDS)

4 SEC. 115. Funds appropriated to the Department of

5 Defense for construction in prior years shall be available

6 for construction authorized for each such military depart7 ment by the authorizations enacted into law during the cur8 rent session of Congress.

9 SEC. 116. For military construction or family housing

10 projects that are being completed with funds otherwise ex11 pired or lapsed for obligation, expired or lapsed funds may

12 be used to pay the cost of associated supervision, inspection,

13 overhead, engineering and design on those projects and on

14 subsequent claims, if any.

15 SEC. 117. Notwithstanding any other provision of law,

16 any funds appropriated to a military department or de17 fense agency for the construction of military projects may

18 be obligated for a military construction project or contract,

19 or for any portion of such a project or contract, at any

20 time before the end of the fourth fiscal year after the fiscal

21 year for which funds for such project were appropriated if

22 the funds obligated for such project: (1) are obligated from

23 funds available for military construction projects; and (2)

24 do not exceed the amount appropriated for such project,

25 plus any amount by which the cost of such project is in26 creased pursuant to law.
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1 (TRANSFER OF FUNDS)

2 SEC. 118. During the 5-year period after appropria3 tions available to the Department of Defense for military

4 construction and family housing operation and mainte5 nance and construction have expired for obligation, upon

6 a determination that such appropriations will not be nec7 essary for the liquidation of obligations or for making au8 thorized adjustments to such appropriations for obligations

9 incurred during the period of availability of such appro10 priations, unobligated balances of such appropriations may

11 be transferred into the appropriation ‘‘Foreign Currency

12 Fluctuations, Construction, Defense’’ to be merged with and

13 to be available for the same time period and for the same

14 purposes as the appropriation to which transferred.

15 SEC. 119. The Secretary of Defense is to provide the

16 Committees on Appropriations of the Senate and the House

17 of Representatives with an annual report by February 15,

18 containing details of the specific actions proposed to be

19 taken by the Department of Defense during the current fis20 cal year to encourage other member nations of the North

21 Atlantic Treaty Organization, Japan, Korea, and United

22 States allies bordering the Arabian Sea to assume a greater

23 share of the common defense burden of such nations and

24 the United States.
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1 (TRANSFER OF FUNDS)

2 SEC. 120. During the current fiscal year, in addition

3 to any other transfer authority available to the Department

4 of Defense, proceeds deposited to the Department of Defense

5 Base Closure Account established by section 207(a)(1) of the

6 Defense Authorization Amendments and Base Closure and

7 Realignment Act (Public Law 100–526) pursuant to section

8 207(a)(2)(C) of such Act, may be transferred to the account

9 established by section 2906(a)(1) of the Department of De10 fense Authorization Act, 1991, to be merged with, and to

11 be available for the same purposes and the same time period

12 as that account.

13 (TRANSFER OF FUNDS)

14 SEC. 121. Subject to 30 days prior notification to the

15 Committees on Appropriations, such additional amounts as

16 may be determined by the Secretary of Defense may be

17 transferred to the Department of Defense Family Housing

18 Improvement Fund from amounts appropriated for con19 struction in ‘‘Family Housing’’ accounts, to be merged with

20 and to be available for the same purposes and for the same

21 period of time as amounts appropriated directly to the

22 Fund: Provided, That appropriations made available to the

23 Fund shall be available to cover the costs, as defined in sec24 tion 502(5) of the Congressional Budget Act of 1974, of di25 rect loans or loan guarantees issued by the Department of

26 Defense pursuant to the provisions of subchapter IV of chap-
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1 ter 169, title 10, United States Code, pertaining to alter2 native means of acquiring and improving military family

3 housing and supporting facilities.

4 SEC. 122. None of the funds appropriated or made

5 available by this Act may be obligated for Partnership for

6 Peace Programs in the New Independent States of the

7 former Soviet Union.

8 SEC. 123. (a) Not later than 60 days before issuing

9 any solicitation for a contract with the private sector for

10 military family housing the Secretary of the military de11 partment concerned shall submit to the congressional de12 fense committees the notice described in subsection (b).

13 (b)(1) A notice referred to in subsection (a) is a notice

14 of any guarantee (including the making of mortgage or

15 rental payments) proposed to be made by the Secretary to

16 the private party under the contract involved in the event

17 of—

18 (A) the closure or realignment of the installation

19 for which housing is provided under the contract;

20 (B) a reduction in force of units stationed at

21 such installation; or

22 (C) the extended deployment overseas of units

23 stationed at such installation.

24 (2) Each notice under this subsection shall specify the

25 nature of the guarantee involved and assess the extent and
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1 likelihood, if any, of the liability of the Federal Government

2 with respect to the guarantee.

3 (c) In this section, the term ‘‘congressional defense

4 committees’’ means the following:

5 (1) The Committee on Armed Services and the

6 Military Construction Subcommittee, Committee on

7 Appropriations of the Senate.

8 (2) The Committee on Armed Services and the

9 Military Construction Subcommittee, Committee on

10 Appropriations of the House of Representatives.

11 (TRANSFER OF FUNDS)

12 SEC. 124. During the current fiscal year, in addition

13 to any other transfer authority available to the Department

14 of Defense, amounts may be transferred from the account

15 established by section 2906(a)(1) of the Department of De16 fense Authorization Act, 1991, to the fund established by

17 section 1013(d) of the Demonstration Cities and Metropoli18 tan Development Act of 1966 (42 U.S.C. 3374) to pay for

19 expenses associated with the Homeowners Assistance Pro20 gram. Any amounts transferred shall be merged with and

21 be available for the same purposes and for the same time

22 period as the fund to which transferred.

23 SEC. 125. Notwithstanding this or any other provision

24 of law, funds appropriated in Military Construction Ap25 propriations Acts for operations and maintenance of family

26 housing shall be the exclusive source of funds for repair and
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1 maintenance of all family housing units, including general

2 or flag officer quarters: Provided, That not more than

3 $35,000 per unit may be spent annually for the mainte4 nance and repair of any general or flag officer quarters

5 without 30 days advance prior notification to the appro6 priate committees of Congress, except that an after-the-fact

7 notification shall be submitted if the limitation is exceeded

8 solely due to costs associated with environmental remedi9 ation that could not be reasonably anticipated at the time

10 of the budget submission: Provided further, That the Under

11 Secretary of Defense (Comptroller) is to report annually to

12 the Committees on Appropriations all operations and

13 maintenance expenditures for each individual general or

14 flag officer quarters for the prior fiscal year: Provided fur15 ther, That nothing herein precludes the Secretary concerned

16 from using funds pursuant to 10 U.S.C. 2601.

17 SEC. 126. None of the funds made available in this

18 Act may be transferred to any department, agency, or in19 strumentality of the United States Government, except pur20 suant to a transfer made by, or transfer authority provided

21 in, this Act or any other appropriation Act.

22 SEC. 127. No funds appropriated in this Act under

23 the heading ‘‘North Atlantic Treaty Organization Security

24 Investment Program’’, and no funds appropriated for any

25 fiscal year before fiscal year 2004 for that program that
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1 remain available for obligation, may be obligated or ex2 pended for the conduct of studies of missile defense.

3 SEC. 128. (a) COMMISSION ON REVIEW OF OVERSEAS

4 MILITARY FACILITY STRUCTURE OF THE UNITED

5 STATES.—(1) There is established the Commission on the

6 Review of the Overseas Military Facility Structure of the

7 United States (in this section referred to as the ‘‘Commis8 sion’’).

9 (2)(A) The Commission shall be composed of 8 mem10 bers of whom—

11 (i) 2 shall be appointed by the Majority Leader

12 of the Senate;

13 (ii) 2 shall be appointed by the Minority Leader

14 of the Senate;

15 (iii) 2 shall be appointed by the Speaker of the

16 House of Representatives; and

17 (iv) 2 shall be appointed by the Minority Leader

18 of the House of Representatives.

19 (B) Individuals appointed to the Commission shall

20 have significant experience in the national security or for21 eign policy of the United States.

22 (C) Appointments of the members of the Commission

23 shall be made not later than 45 days after the date of the

24 enactment of this Act.
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1 (3) Members shall be appointed for the life of the Com2 mission. Any vacancy in the Commission shall not affect

3 its powers, but shall be filled in the same manner as the

4 original appointment.

5 (4) Not later than 30 days after the date on which

6 all members of the Commission have been appointed, the

7 Commission shall hold its first meeting.

8 (5) The Commission shall meet at the call of the Chair9 man.

10 (6) A majority of the members of the Commission shall

11 constitute a quorum, but a lesser number of members may

12 hold hearings.

13 (7) The Commission shall select a Chairman and Vice

14 Chairman from among its members.

15 (b) DUTIES.—(1) The Commission shall conduct a

16 thorough study of matters relating to the military facility

17 structure of the United States overseas.

18 (2) In conducting the study, the Commission shall—

19 (A) assess the number of forces required to be for20 ward based outside the United States;

21 (B) examine the current state of the military fa22 cilities and training ranges of the United States over23 seas for all permanent stations and deployed loca24 tions, including the condition of land and improve25 ments at such facilities and ranges and the avail-
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1 ability of additional land, if required, for such facili2 ties and ranges;

3 (C) identify the amounts received by the United

4 States, whether in direct payments, in-kind contribu5 tions, or otherwise, from foreign countries by reason

6 of military facilities of the United States overseas;

7 (D) assess whether or not the current military

8 basing and training range structure of the United

9 States overseas is adequate to meet the current and

10 future mission of the Department of Defense, includ11 ing contingency, mobilization, and future force re12 quirements;

13 (E) assess the feasibility and advisability of the

14 closure or realignment of military facilities of the

15 United States overseas, or of the establishment of new

16 military facilities of the United States overseas; and

17 (F) consider or assess any other issue relating to

18 military facilities of the United States overseas that

19 the Commission considers appropriate.

20 (3)(A) Not later than August 30, 2004, the Commission

21 shall submit to the President and Congress a report which

22 shall contain a detailed statement of the findings and con23 clusions of the Commission, together with its recommenda24 tions for such legislation and administrative actions as it

25 considers appropriate.
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1 (B) In addition to the matters specified in subpara2 graph (A), the report shall also include a proposal by the

3 Commission for an overseas basing strategy for the Depart4 ment of Defense in order to meet the current and future

5 mission of the Department.

6 (c) POWERS.—(1) The Commission may hold such

7 hearings, sit and act at such times and places, take such

8 testimony, and receive such evidence as the Commission

9 considers advisable to carry out this section.

10 (2) The Commission may secure directly from any

11 Federal department or agency such information as the

12 Commission considers necessary to carry out this section.

13 Upon request of the Chairman of the Commission, the head

14 of such department or agency shall furnish such informa15 tion to the Commission.

16 (3) Upon request of the Commission, the Adminis17 trator of General Services shall provide to the Commission,

18 on a reimbursable basis, the administrative support nec19 essary for the Commission to carry out its duties under this

20 section.

21 (4) The Commission may use the United States mails

22 in the same manner and under the same conditions as other

23 departments and agencies of the Federal Government.

24 (5) The Commission may accept, use, and dispose of

25 gifts or donations of services or property.
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1 (d) PERSONNEL MATTERS.—(1) Each member of the

2 Commission who is not an officer or employee of the Federal

3 Government shall be compensated at a rate equal to the

4 daily equivalent of the annual rate of basic pay prescribed

5 for level IV of the Executive Schedule under section 5315

6 of title 5, United States Code, for each day (including travel

7 time) during which such member is engaged in the perform8 ance of the duties of the Commission under this section. All

9 members of the Commission who are officers or employees

10 of the United States shall serve without compensation in

11 addition to that received for their services as officers or em12 ployees of the United States.

13 (2)(A) Members of the Commission shall be allowed

14 travel expenses, including per diem in lieu of subsistence,

15 at rates authorized for employees of agencies under sub16 chapter I of chapter 57 of title 5, United States Code, while

17 away from their homes or regular places of business in the

18 performance of services for the Commission under this sec19 tion.

20 (B) Members and staff of the Commission may receive

21 transportation on aircraft of the Military Airlift Command

22 to and from the United States, and overseas, for purposes

23 of the performance of the duties of the Commission to the

24 extent that such transportation will not interfere with the

25 requirements of military operations.
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1 (3)(A) The Chairman of the Commission may, without

2 regard to the civil service laws and regulations, appoint

3 and terminate an executive director and such other addi4 tional personnel as may be necessary to enable the Commis5 sion to perform its duties under this section. The employ6 ment of an executive director shall be subject to confirma7 tion by the Commission.

8 (B) The Commission may employ a staff to assist the

9 Commission in carrying out its duties. The total number

10 of the staff of the Commission, including an executive direc11 tor under subparagraph (A), may not exceed 12.

12 (C) The Chairman of the Commission may fix the com13 pensation of the executive director and other personnel with14 out regard to chapter 51 and subchapter III of chapter 53

15 of title 5, United States Code, relating to classification of

16 positions and General Schedule pay rates, except that the

17 rate of pay for the executive director and other personnel

18 may not exceed the rate payable for level V of the Executive

19 Schedule under section 5316 of such title.

20 (4) Any employee of the Department of Defense, the

21 Department of State, or the General Accounting Office may

22 be detailed to the Commission without reimbursement, and

23 such detail shall be without interruption or loss of civil

24 service status or privilege.
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1 (5) The Chairman of the Commission may procure

2 temporary and intermittent services under section 3109(b)

3 of title 5, United States Code, at rates for individuals which

4 do not exceed the daily equivalent of the annual rate of basic

5 pay prescribed for level V of the Executive Schedule under

6 section 5316 of such title.

7 (e) SECURITY.—(1) Members and staff of the Commis8 sion, and any experts and consultants to the Commission,

9 shall possess security clearances appropriate for their duties

10 with the Commission under this section.

11 (2) The Secretary of Defense shall assume responsi12 bility for the handling and disposition of any information

13 relating to the national security of the United States that

14 is received, considered, or used by the Commission under

15 this section.

16 (f) TERMINATION.—The Commission shall terminate

17 45 days after the date on which the Commission submits

18 its report under subsection (b).

19 (g) FUNDING.—(1) Of the amount appropriated by

20 this Act, $3,000,000 shall be available to the Commission

21 to carry out this section.

22 (2) The amount made available by paragraph (1) shall

23 remain available, without fiscal year limitation, until Sep24 tember 2005.
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1 This Act may be cited as the ‘‘Military Construction

2 Appropriations Act, 2004’’.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION H. R. 2559

AMENDMENT