H. R. 2559—10
(4) 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 con-
stitute 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 perma-
nent 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 ade-
quate 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 over-
seas, 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) 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 Commis-
sion, 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 con-
siders 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 Gen-
eral Services shall provide to the Commission, on a reimbursable
H. R. 2559—11
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 author-
ized 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 transpor-
tation 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 Commis-
sion in carrying out its duties. The total number of the staff of
the Commission, including an executive director under subpara-
graph (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.
H. R. 2559—12
(e) SECURITY.—(1) Members and staff of the Commission, and
any experts and consultants to the Commission, shall possess secu-
rity 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 Appropria-
tions Act, 2004’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.