Sec. 7. Military Infrastructure Consolidation and Efficiency Commission of 2019
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This section shall apply only if— the Secretary of Defense makes a certification under section 3(e) that the need exists for a round for the selection of military installations for consolidation, closure, or realignment; and Congress does not enact a joint resolution described in section 4(b) during the period specified in section 4(a). Subject to subsection (a), there shall be established an independent commission to carry out the duties specified for it in this Act. The Commission shall be known as the Military Infrastructure Consolidation and Efficiency Commission of 2019 .
The Commission shall be composed of nine members appointed by the President, by and with the advice and consent of the Senate. In selecting individuals for nomination to be members of 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, the President shall designate one such individual who shall serve as the Chairman of the Commission. The President shall give priority consideration in the nomination of members of the Commission to individuals who— have demonstrated expertise regarding the current and future operational and training requirements of the Armed Forces, professional military education, military installation infrastructure and environmental management, or the socioeconomic impact of military installations on states, regions, and local communities; and have not served on a Defense Base Closure and Realignment Commission.
If the President does not transmit to the Senate the nominations for appointment to the Commission on or before February 1, 2019, the process by which military installations may be selected for consolidation, closure, or realignment under this Act shall be terminated. A member of the Commission shall serve until the termination of the Commission under subsection (i). A vacancy in the Commission shall be filled in the same manner as the original appointment, and the individual appointed to fill the vacancy shall serve for the unexpired portion of the term of the individual’s predecessor under paragraph (6).
Each member of the Commission, 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 of the Commission shall be paid for each day referred to in paragraph
(1)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 of the Commission 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 appoint, without regard to section 5311 of title 5, United States Code, a Director who has not served on active duty in the Armed Forces or as a civilian employee of the Department during the 1-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 the approval of the Commission, the Director may appoint and fix the pay of additional staff personnel. The Director may make such appointments without regard to the provision of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointment 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. Upon the request of the Director, the head of any Federal department of 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 Act. 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. Of the personnel employed by or detailed to the Commission— not more than one-third may be on detail from the Department; not more than one-fifth of the professional analysts of the Commission staff may be on detail from the Department; and no person detailed from the Department 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 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 concerning the preparation of recommendations for the consolidation, closure, or realignment of military installations. No member of the Armed Forces, and no officer or employee of the Department, 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 to that staff; review the preparation of such a report; or approve or disapprove of such a report. During the period beginning January 1, 2020, and ending April 15, 2020, there may not be more than 15 persons on the staff of the Commission at any one time, the staff may only perform such functions as are necessary to prepare for the termination of the Commission and transfer of all records to the Department or national archives. No member of the Armed Forces and no officer or employee of the Department may serve on the staff during this time. Not later than April 1, 2019, the Chairman of the Commission shall certify to the Secretary and the congressional defense committees whether the Commission has adequate staff to review the recommendations to be submitted by the Secretary pursuant to section 8. To the extent funds are available, the Commission may lease space, acquire personal property, and procure by contract the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. There are authorized to be appropriated to the Commission such funds as are necessary to carry out its duties under this Act. Such funds shall remain available until expended. If no funds are appropriated to the Commission by the end of the second session of the 115th Congress, the Secretary may transfer to the Commission for purposes of its activities under this Act such funds as the Commission may require to carry out such activities. The Secretary may make such transfer from any funds available to the Secretary. Funds so transferred shall remain available to the Commission for such purpose until expended. Section 1034 of title 10, United States Code, shall apply with respect to communications with the Commission. The Commission shall terminate on April 15, 2020.