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Code · BILL · 114th Congress · S. 1118 (Introduced in Senate) — To authorize appropriations for fiscal year 2016 for military activities of the Department of Defense and for militar... · Sec. 2902

Sec. 2902. The Commission

1,341 words·~6 min read·/bill/114/s/1118/is/section-2902·

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There is established an independent commission to be known as the Defense Base Closure and Realignment Commission . The Commission shall carry out the duties specified for it in this title. The Commission shall be composed of nine members appointed by the President, by and with the advice and consent of the Senate. Subject to the certifications required under section 2903(b), the President may commence a round for the selection of military installations for closure and realignment under this title in 2017 by transmitting to the Senate, not later than March 1, 2017, nominations for appointment to the Commission.
If the President does not transmit to Congress the nominations for appointment to the Commission on or before the date specified, the process by which military installations may be selected for closure or realignment under this title with respect to that year shall be terminated. In selecting individuals for nominations for appointments to the Commission, the President should consult with— the Speaker of the House of Representatives concerning the appointment of two members; the majority leader of the Senate concerning the appointment of two members; the minority leader of the House of Representatives concerning the appointment of one member; and the minority leader of the Senate concerning the appointment of one member.
At the time the President nominates individuals for appointment to the Commission for each session of Congress referred to in paragraph (1)(B), the President shall designate one such individual who shall serve as Chairman of the Commission. Except as provided in paragraph (2), each member of the Commission shall serve until the adjournment of Congress sine die for the session during which the member was appointed to the Commission. The Chairman of the Commission shall serve until the confirmation of a successor.
The Commission shall meet only during calendar year 2017. Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public. All the proceedings, information, and deliberations of the Commission shall be open, upon request, to the following: The Chairman and the ranking minority party member of the Subcommittee on Readiness and Management Support of the Committee on Armed Services of the Senate, or such other members of the Subcommittee designated by such Chairman or ranking minority party member.
The Chairman and the ranking minority party member of the Subcommittee on Readiness of the Committee on Armed Services of the House of Representatives, or such other members of the Subcommittee designated by such Chairman or ranking minority party member. The Chairmen and ranking minority party members of the subcommittees with jurisdiction for military construction of the Committees on Appropriations of the Senate and of the House of Representatives, or such other members of the subcommittees designated by such Chairmen or ranking minority party members.
A vacancy in the Commission shall be filled in the same manner as the original appointment, but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual’s predecessor was appointed. Each member, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission.
The Chairman shall be paid for each day referred to in subparagraph
(A)at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314, of title 5, United States Code. Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. The Commission shall, without regard to section 5311 of title 5, United States Code, appoint a Director who has not served on active duty in the Armed Forces or as a civilian employee of the Department of Defense during the one-year period preceding the date of such appointment. The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. Subject to paragraphs
(2)and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for GS–15 of the General Schedule. Not more than one-third of the personnel employed by or detailed to the Commission may be on detail from the Department of Defense. Not more than one-fifth of the professional analysts of the Commission staff may be persons detailed from the Department of Defense to the Commission. No person detailed from the Department of Defense to the Commission may be assigned as the lead professional analyst with respect to a military department or defense agency. A person may not be detailed from the Department of Defense to the Commission if, within 12 months before the detail is to begin, that person participated personally and substantially in any matter within the Department of Defense concerning the preparation of recommendations for closures or realignments of military installations. No member of the Armed Forces, and no officer or employee of the Department of Defense, may— prepare any report concerning the effectiveness, fitness, or efficiency of the performance on the staff of the Commission of any person detailed from the Department of Defense to that staff; review the preparation of such a report; or approve or disapprove such a report. Upon request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this title. The Comptroller General of the United States shall provide assistance, including the detailing of employees, to the Commission in accordance with an agreement entered into with the Commission. The following restrictions relating to the personnel of the Commission shall apply during the period beginning January 1, 2018, and ending April 15, 2018: There may not be more than 15 persons on the staff at any one time. The staff may perform only such functions as are necessary to prepare for the transition to new membership on the Commission in the following year. No member of the Armed Forces and no employee of the Department of Defense may serve on the staff. The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. The Commission may lease space and acquire personal property to the extent funds are available. There are authorized to be appropriated to the Commission such funds as are necessary to carry out its duties under this title. Such funds shall remain available until expended. If no funds are appropriated to the Commission by the end of the second session of the 114th Congress, the Secretary of Defense may transfer to the Commission for purposes of its activities under this title in that year such funds as the Commission may require to carry out such activities. The Secretary may transfer funds under the preceding sentence from any funds available to the Secretary. Funds so transferred shall remain available to the Commission for such purposes until expended. The Commission shall terminate on April 15, 2018. Section 1034 of title 10, United States Code, shall apply with respect to communications with the Commission.
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