Military Construction Appropriations Act, 2004
PL 108-132 (H.R.2559), enacted 11/22/2003

117 STAT. 1374
PUBLIC LAW 108–132—NOV. 22, 2003
Public Law 108–132
108th Congress
An Act
Making appropriations for military construction, family housing, and base realign-
ment and closure for the Department of Defense for the fiscal year ending Sep-
tember 30, 2004, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, 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, facili-
ties, 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 Con-
gress of his determination and the reasons therefor: Provided fur-
ther, That of the funds appropriated for ‘‘Military Construction,
Army’’ under Public Law 107–249, $137,850,000 are rescinded: Pro-
vided further, That of the funds appropriated for ‘‘Military Construc-
tion, Army’’ under Public Law 107–64, $24,000,000 are rescinded: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rescinded: Provided further, That of the funds appropriated for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are rescinded.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,
Military
Construction
Appropriations
Act, 2004.
Nov. 22, 2003
[H.R. 2559]
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117 STAT. 1375
PUBLIC LAW 108–132—NOV. 22, 2003
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 appro-
priation, $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 pur-
poses 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: Pro-
vided further, That of the funds appropriated for ‘‘Military Construc-
tion, 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, facili-
ties, 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 pur-
poses 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 author-
ized 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, 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 appro-
priated for ‘‘Military Construction, Defense-wide’’ under Public Law
107–249, $72,309,000 are rescinded.
Notification.
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117 STAT. 1376
PUBLIC LAW 108–132—NOV. 22, 2003
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 Construc-
tion 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 acquisi-
tion 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
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117 STAT. 1377
PUBLIC LAW 108–132—NOV. 22, 2003
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 avail-
able until September 30, 2008: Provided, That of the funds appro-
priated 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 construc-
tion, 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: Pro-
vided, That of the funds appropriated for ‘‘Family Housing Construc-
tion, 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 construc-
tion, including acquisition, replacement, addition, expansion, exten-
sion 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 construc-
tion, principal and interest charges, and insurance premiums, as
authorized by law, $816,074,000.
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117 STAT. 1378
PUBLIC LAW 108–132—NOV. 22, 2003
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 Improve-
ment 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. None of the funds appropriated in Military Construc-
tion Appropriations Acts shall be expended for payments under
a cost-plus-a-fixed-fee contract for construction, where cost esti-
mates exceed $25,000, to be performed within the United States,
except Alaska, without the specific approval in writing of the Sec-
retary 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
Contracts.
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117 STAT. 1379
PUBLIC LAW 108–132—NOV. 22, 2003
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 Construc-
tion 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 Construc-
tion 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 Appropria-
tions.
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 Construc-
tion Appropriations Acts may be used to initiate a new installation
overseas without prior notification to the Committees on Appropria-
tions.
SEC. 111. None of the funds appropriated in Military Construc-
tion 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 Construc-
tion 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. The Secretary of Defense is to inform the appropriate
committees of Congress, including the Committees on Appropria-
tions, 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 perma-
nent, 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.
Notification.
Deadline.
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117 STAT. 1380
PUBLIC LAW 108–132—NOV. 22, 2003
(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. 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. During the 5-year period after appropriations avail-
able 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 appropria-
tions 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 appro-
priations, unobligated balances of such appropriations may be trans-
ferred 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 appropria-
tion to which transferred.
SEC. 119. 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 Authoriza-
tion 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
Reports.
Deadline.
10 USC 2860
note.
10 USC 2860
note.
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117 STAT. 1381
PUBLIC LAW 108–132—NOV. 22, 2003
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 Commit-
tees on Appropriations, such additional amounts as may be deter-
mined by the Secretary of Defense may be transferred to the Depart-
ment 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. (a) Not later than 60 days before issuing any solicita-
tion 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 installa-
tion; 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)
Deadline.
Contracts.
Notice.
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117 STAT. 1382
PUBLIC LAW 108–132—NOV. 22, 2003
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. 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 reason-
ably anticipated at the time of the budget submission: Provided
further, 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 appro-
priation 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. (a) COMMISSION ON REVIEW OF OVERSEAS MILITARY
FACILITY STRUCTURE OF THE UNITED STATES.—(1) There is estab-
lished 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 signifi-
cant experience in the national security or foreign policy of the
United States.
(C) 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.
Deadline.
Establishment.
10 USC 111 note.
Reports.
10 USC 2821
note.
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117 STAT. 1383
PUBLIC LAW 108–132—NOV. 22, 2003
(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
Deadline.
Reports.
Deadline.
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117 STAT. 1384
PUBLIC LAW 108–132—NOV. 22, 2003
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.
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117 STAT. 1385
PUBLIC LAW 108–132—NOV. 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.
(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’’.
Approved November 22, 2003.
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