Volume 149, No. 102 covering the 1st Session of the 108th Congress (2003 - 2004) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“MILITARY CONSTRUCTION APPROPRIATIONS, FISCAL YEAR 2004” mentioning the Environmental Protection Agency was published in the Senate section on pages S9279-S9283 on July 11, 2003.
The publication is reproduced in full below:
MILITARY CONSTRUCTION APPROPRIATIONS, FISCAL YEAR 2004
The PRESIDING OFFICER. Under the previous order, the Senate will proceed to the consideration of H.R. 2559, which the clerk will report.
The assistant legislative clerk read as follows:
A bill (H.R. 2559) 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.
The PRESIDING OFFICER. The question is on the engrossment of the amendment and third reading of the bill.
The amendment was ordered to be engrossed and the bill to be read a third time.
The bill was read the third time.
(At the request of Mr. Reid, the following statement was ordered to be printed in the Record.)
Mrs. BOXER. Mr. President, it seems that every week we discover additional drinking water sources that have been contaminated with perchlorate. More than 20 million Americans in at least 24 States drink water contaminated with perchlorate, including: Alabama, Arizona, California, Iowa, Kansas, Massachusetts, Maryland, Missouri, Nebraska, New Mexico, Nevada, New Jersey, New York, North Carolina, Pennsylvania, Texas, Utah, Washington, and West Virginia. In California alone, drinking water sources for up to 10 million people are contaminated with perchlorate. Perchlorate also contaminates much of the lower Colorado River, the main water source for 20 million people across the Southwest, including much of California, Arizona, and Nevada. Millions more eat produce grown with Colorado River water.
We know that perchlorate is the main ingredient in rocket fuel, which accounts for 90 percent of its use. It dissolves readily in many liquids, including water, and moves easily and quickly. There is general agreement that perchlorate is highly toxic and that even at low concentrations perchlorate poses a serious threat to human health, including thyroid cancer and mental and physical retardation. The greatest risks are to pregnant women, newborns, and children.
We also know that the Department of Defense (DOD) has long been not only the primary consumer of perchlorate but also intimately involved in its manufacturing. EPA believes that perchlorate may be present wherever rockets or rocket fuel was made--at least 162 sites in 36 States. The California Department of Health Services has detected perchlorate in 292 public groundwater wells, the majority of which are located near facilities operated by the Department of Defense or its contractors. Additional information provided to the Senate by DOD further confirms that perchlorate contamination is potentially widespread and pervasive at military installations.
The Defense Department has said that it is not willing to start cleanup of perchlorate until there is a national drinking water standard, but the Environmental Protection Agency indicates that it will further delay finalizing the standard for at least another 2 years. Our military has protected the American people for centuries. For this, we are grateful. DOD must reaffirm that this commitment extends to protecting citizens within the United States from threats to their public health that may arise from critical defense activities. DOD must not adopt a delay strategy while private parties and local communities, such as California's Inland Empire, San Gabriel Valley, and the Sacramento area, adopt costly measures to assure the purity of drinking water supplies.
DOD is legally obligated to clean up perchlorate and other hazardous waste contamination at its sites under a variety of State and Federal laws and regulations, including, for example, the Comprehensive Environmental Response, Compensation and Liability Act (Superfund), the Resource Conservation and Recovery Act, and State hazardous waste cleanup laws. Communities have already spent millions on priority actions to reduce the threat to Americans--and I urge the Defense Department to do so as well.
Perchlorate is a clear and present danger to California's, and the Nation's, public health. We cannot wait any longer to address this threat. DOD needs to get moving and protect our drinking water sooner rather than later.
Mr. NICKLES. Mr. President, I rise in support of S. 1357, the military construction appropriations bill for fiscal year 2004, as reported by the Senate Committee on Appropriations.
I commend the distinguished chairman and the ranking member for bringing the Senate a carefully crafted spending bill within the subcommittee's 302(b) allocation and consistent with the discretionary spending cap for 2004.
The pending bill provides $9.2 billion in new budget authority and
$2.6 billion in new outlays in fiscal year 2004 for military construction, family housing, and base realignment and closure for the Department of Defense. With outlays from prior years and other completed actions, the Senate bill totals $9.2 billion in budget authority and $10.3 billion in outlays.
All funds provided in this bill are discretionary spending. The bill is at the subcommittee's 302(b) allocation for budget authority and $24 million in outlays below the 302(b) allocation. The bill provides $39 million less budget authority and $3 million more outlays than was in the President's budget request.
Mr. President, I ask unanimous consent that a table displaying the Budget Committee scoring of the bill be inserted in the Record at the conclusion of my remarks. I urge the adoption of the bill.
There being no objection, the material was ordered to be printed in the Record, as follows:
S. 1357, MILITARY CONSTRUCTION APPROPRIATIONS, 2004, SPENDING
COMPARISONS--SENATE-REPORTED BILL
(Fiscal year 2004, dollars in millions)
------------------------------------------------------------------------
General
Category purpose Mandatory Total
------------------------------------------------------------------------
Senate-reported bill:
Budget authority........... 9,196 ........... 9,196
Outlays a/................. 10,273 ........... 10,273
Senate 302(b) allocation
Budget authority........... 9,196 ........... 9,196
Outlays.................... 10,297 ........... 10,297
2003 level:
Budget authority........... 10,751 ........... 10,751
Outlays.................... 10,059 ........... 10,059
President's request:
Budget authority........... 9,235 ........... 9,235
Outlays.................... 10,270 ........... 10,270
House-passed bill:
Budget authority........... 9,196 ........... 9,196
Outlays.................... 10,282 ........... 10,282
SENATE-REPORTED BILL COMPARED TO:
Senate 302(b) allocation:
Budget authority........... ............ ........... ............
Outlays.................... (24) ........... (24)
2003 level:
Budget authority........... (1,555) ........... (1,555)
Outlays.................... 214 ........... 214
President's request:
Budget authority........... (39) ........... (39)
Outlays.................... 3 ........... 3
House-passed bill:
Budget authority........... ............ ........... ............
Outlays.................... (9) ........... (9)
------------------------------------------------------------------------
Note.--Details may not add to Totals due to rounding. Totals adjusted
for consistency with scorekeeping conventions.
The PRESIDING OFFICER. The bill having been read the third time, the question is, Shall the bill pass?
The yeas and nays have been ordered. The clerk will call the roll.
The legislative clerk called the roll.
Mr. McCONNELL. I announce that the Senator from Wyoming (Mr. Thomas) is necessarily absent.
Mr. REID. I announce that the Senator from California (Mrs. Boxer), the Senator from North Carolina (Mr. Edwards), the Senator from Florida
(Mr. Graham) the Senator from South Carolina (Mr. Hollings), the Senator from Massachusetts (Mr. Kerry), the Senator from Connecticut
(Mr. Lieberman), the Senator from Georgia (Mr. Miller), and the Senator from Washington (Mrs. Murray) are necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber desiring to vote?
The result was announced--yeas 91, nays 0, as follows:
YEAS--91
AkakaAlexanderAllardAllenBaucusBayhBennettBidenBingamanBondBreauxBrownbackBunningBurnsByrdCampbellCantwellCarperChafeeChamblissClintonCochranColemanCollinsConradCornynCorzineCraigCrapoDaschleDaytonDeWineDoddDoleDomeniciDorganDurbinEnsignEnziFeingoldFeinsteinFitzgeraldFristGrahamGrassleyGreggHagelHarkinHatchHutchisonInhofeInouyeJeffordsJohnsonKennedyKohlKylLandrieuLautenbergLeahyLevinLincolnLottLugarMcCainMcConnellMikulskiMurkowskiNelson (FL)Nelson (NE)NicklesPryorReedReidRobertsRockefellerSantorumSarbanesSchumerSessionsShelbySmith (OR)SnoweSpecterStabenowStevensSununuTalentVoinovichWarnerWyden
NOT VOTING--9
BoxerEdwardsGraham (FL)HollingsKerryLiebermanMillerMurrayThomas
The bill (H.R. 2559), as amended, was passed, as follows:
H.R. 2559
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:
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 rescission)
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, $1,255,155,000, to remain available until September 30, 2008: Provided, That of this amount, not to exceed $134,645,000, 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'' in previous Military Construction Appropriation Acts,
$183,615,000 are rescinded.
Military Construction, Navy
(including rescission)
For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, facilities, 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,
$1,195,659,000, to remain available until September 30, 2008: Provided, That of this amount, not to exceed $77,283,000, 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'' in previous Military Construction Appropriation Acts,
$39,322,000 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, $1,056,377,000, to remain available until September 30, 2008: Provided, That of this amount, not to exceed $112,075,000, 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.
Military Construction, Defense-wide
(including transfer and rescissions of funds)
For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, facilities, and real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized by law, $712,567,000, 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 $70,881,000, 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'' in previous Military Construction Appropriation Acts, $32,680,000 are rescinded.
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,
$304,085,000, 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,
$221,013,000, 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, $73,979,000, 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, $34,742,000, 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, $57,426,000, to remain available until September 30, 2008.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses for the collective defense of the North Atlantic Treaty Area as authorized in Military Construction Authorization Acts and section 2806 of title 10, United States Code, $169,300,000, to remain available until expended.
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,
$409,191,000, to remain available until September 30, 2008: Provided, That of the funds appropriated for ``Family Housing Construction, Army'' in previous Military Construction Appropriation Acts, $52,300,000 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, $1,043,026,000, to remain available until September 30, 2005.
Family Housing Construction, Navy and Marine Corps
(including rescission)
For expenses of family housing for the Navy and Marine Corps for construction, including acquisition, replacement, addition, expansion, extension and alteration, as authorized by law, $184,193,000, to remain available until September 30, 2008: Provided, That of the funds appropriated for ``Family Housing Construction, Navy and Marine Corps'' in previous Military Construction Appropriation Acts, $3,585,000 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, $852,778,000, to remain available until September 30, 2005.
Family Housing Construction, Air Force
(including rescission)
For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension and alteration, as authorized by law,
$657,026,000, to remain available until September 30, 2008: Provided, That of the funds appropriated for ``Family Housing Construction, Air Force'' in previous Military Construction Appropriation Acts, $29,039,000 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, $834,468,000, to remain available until September 30, 2005.
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, to remain available until September 30, 2005.
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.
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--MILITARY CONSTRUCTION
Sec. 101. None of the funds appropriated in Military Construction Appropriations Acts shall be expended for payments under a cost-plus-a-fixed-fee contract for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds appropriated to the Department of Defense for construction shall be available for hire of passenger motor vehicles.
Sec. 103. Funds appropriated to the Department of Defense for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense.
Sec. 104. None of the funds appropriated in this Act may be used to begin construction of new bases inside the continental United States for which specific appropriations have not been made.
Sec. 105. No part of the funds provided in Military Construction Appropriations Acts shall be used for purchase of land or land easements in excess of 100 percent of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command, except: (1) where there is a determination of value by a Federal court; (2) purchases negotiated by the Attorney General or his designee; (3) where the estimated value is less than $25,000; or (4) as otherwise determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds appropriated in Military Construction Appropriations Acts shall be used to: (1) acquire land; (2) provide for site preparation; or (3) install utilities for any family housing, except housing for which funds have been made available in annual Military Construction Appropriations Acts.
Sec. 107. None of the funds appropriated in Military Construction Appropriations Acts for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations.
Sec. 108. No part of the funds appropriated in Military Construction Appropriations Acts may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds appropriated in Military Construction Appropriations Acts may be used to initiate a new installation overseas without prior notification to the Committees on Appropriations.
Sec. 111. None of the funds appropriated in Military Construction Appropriations Acts may be obligated for architect and engineer contracts estimated by the Government to exceed $500,000 for projects to be accomplished in Japan, in any NATO member country, or in countries bordering the Arabian Sea, unless such contracts are awarded to United States firms or United States firms in joint venture with host nation firms.
Sec. 112. None of the funds appropriated in Military Construction Appropriations Acts for military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Sea, may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided, That this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of a United States contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than 20 percent: Provided further, That this section shall not apply to contract awards for military construction on Kwajalein Atoll for which the lowest responsive and responsible bid is submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense is to inform the appropriate committees of Congress, including the Committees on Appropriations, of the plans and scope of any proposed military exercise involving United States personnel 30 days prior to its occurring, if amounts expended for construction, either temporary or permanent, are anticipated to exceed
$100,000.
Sec. 114. Not more than 20 percent of the appropriations in Military Construction Appropriations Acts which are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal year.
(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 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. The Secretary of Defense is to provide the Committees on Appropriations of the Senate and the House of Representatives with an annual report by February 15, containing details of the specific actions proposed to be taken by the Department of Defense during the current fiscal year to encourage other member nations of the North Atlantic Treaty Organization, Japan, Korea, and United States allies bordering the Arabian Sea to assume a greater share of the common defense burden of such nations and the United States.
(transfer of funds)
Sec. 120. During the current fiscal year, in addition to any other transfer authority available to the Department of Defense, proceeds deposited to the Department of Defense Base Closure Account established by section 207(a)(1) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526) pursuant to section 207(a)(2)(C) of such Act, may be transferred to the account established by section 2906(a)(1) of the Department of Defense Authorization Act, 1991, to be merged with, and to be available for the same purposes and the same time period as that account.
(transfer of funds)
Sec. 121. Subject to 30 days prior notification to the Committees on Appropriations, such additional amounts as may be determined by the Secretary of Defense may be transferred to the Department of Defense Family Housing Improvement Fund from amounts appropriated for construction in ``Family Housing'' accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund: Provided, That appropriations made available to the Fund shall be available to cover the costs, as defined in section 502(5) of the Congressional Budget Act of 1974, of direct loans or loan guarantees issued by the Department of Defense pursuant to the provisions of subchapter IV of chapter 169, title 10, United States Code, pertaining to alternative means of acquiring and improving military family housing and supporting facilities.
Sec. 122. None of the funds appropriated or made available by this Act may be obligated for Partnership for Peace Programs in the New Independent States of the former Soviet Union.
Sec. 123. (a) Not later than 60 days before issuing any solicitation for a contract with the private sector for military family housing the Secretary of the military department concerned shall submit to the congressional defense committees the notice described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of any guarantee (including the making of mortgage or rental payments) proposed to be made by the Secretary to the private party under the contract involved in the event of--
(A) the closure or realignment of the installation for which housing is provided under the contract;
(B) a reduction in force of units stationed at such installation; or
(C) the extended deployment overseas of units stationed at such installation.
(2) Each notice under this subsection shall specify the nature of the guarantee involved and assess the extent and likelihood, if any, of the liability of the Federal Government with respect to the guarantee.
(c) In this section, the term ``congressional defense committees'' means the following:
(1) The Committee on Armed Services and the Military Construction Subcommittee, Committee on Appropriations of the Senate.
(2) The Committee on Armed Services and the Military Construction Subcommittee, Committee on Appropriations of the House of Representatives.
(transfer of funds)
Sec. 124. During the current fiscal year, in addition to any other transfer authority available to the Department of Defense, amounts may be transferred from the account established by section 2906(a)(1) of the Department of Defense Authorization Act, 1991, to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) 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 reasonably 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: Provided further, That nothing herein precludes the Secretary concerned from using funds pursuant to 10 U.S.C. 2601.
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. (a) Commission on Review of Overseas Military Facility Structure of the United States.--(1) There is established the Commission on the Review of the Overseas Military Facility Structure of the United States (in this section referred to as the ``Commission'').
(2)(A) The Commission shall be composed of 8 members of whom--
(i) 2 shall be appointed by the Majority Leader of the Senate;
(ii) 2 shall be appointed by the Minority Leader of the Senate;
(iii) 2 shall be appointed by the Speaker of the House of Representatives; and
(iv) 2 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) 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.
(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 constitute a quorum, but a lesser number of members may hold hearings.
(7) The Commission shall select a Chairman and Vice Chairman from among its members.
(b) Duties.--(1) The Commission shall conduct a thorough study of matters relating to the military facility structure of the United States overseas.
(2) In conducting the study, the Commission shall--
(A) assess the number of forces required to be forward based outside the United States;
(B) examine the current state of the military facilities and training ranges of the United States overseas for all permanent stations and deployed locations, including the condition of land and improvements at such facilities and ranges and the availability of additional land, if required, for such facilities and ranges;
(C) identify the amounts received by the United States, whether in direct payments, in-kind contributions, or otherwise, from foreign countries by reason of military facilities of the United States overseas;
(D) assess whether or not the current military basing and training range structure of the United States overseas is adequate to meet the current and future mission of the Department of Defense, including contingency, mobilization, and future force requirements;
(E) assess the feasibility and advisability of the closure or realignment of military facilities of the United States overseas, or of the establishment of new military facilities of the United States overseas; and
(F) consider or assess any other issue relating to military facilities of the United States overseas that the Commission considers appropriate.
(3)(A) Not later than August 30, 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 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 aircraft of the Military Airlift Command 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.
(e) Security.--(1) Members and staff of the Commission, and any experts and consultants to the Commission, shall possess security clearances appropriate for their duties with the Commission under this section.
(2) The Secretary of Defense shall assume responsibility for the handling and disposition of any information relating to the national security of the United States that is received, considered, or used by the Commission under this section.
(f) Termination.--The Commission shall terminate 45 days after the date on which the Commission submits its report under subsection (b).
(g) Funding.--(1) Of the amount appropriated by this Act,
$3,000,000 shall be available to the Commission to carry out this section.
(2) The amount made available by paragraph (1) shall remain available, without fiscal year limitation, until September 2005.
This Act may be cited as the ``Military Construction Appropriations Act, 2004''.
Mr. LUGAR. Mr. President, I move to reconsider the vote.
Mr. REID. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. Under the previous order, the Senate insists on its amendment and requests a conference with the House on the disagreeing votes on this measure.
The Presiding Officer appointed Mrs. Hutchison, Mr. Burns, Mr. Craig, Mr. DeWINE, Mr. Brownback, Mr. Stevens, Mrs. Feinstein, Mr. Inouye, Mr. Johnson, Ms. Landrieu, and Mr. Byrd conferees on the part of the Senate.
The PRESIDING OFFICER. The Senator from Indiana.
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