Sec. 202. The Commission
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There is established an independent commission to be known as the Asset and Infrastructure Review Commission (in this subtitle referred to as the Commission ). The Commission shall carry out the duties specified for it in this subtitle. The Commission shall be composed of nine members appointed by the President, by and with the advice and consent of the Senate. The President shall transmit to the Senate the nominations for appointment to the Commission not later than May 31, 2021.
In selecting individuals for nominations for appointments to the Commission, the President shall consult with— the Speaker of the House of Representatives; the majority leader of the Senate; the minority leader of the House of Representatives; the minority leader of the Senate; and congressionally chartered, membership based veterans service organizations concerning the appointment of three members. At the time the President nominates individuals for appointment to the Commission under paragraph (1)(B), the President shall designate one such individual who shall serve as Chair of the Commission and one such individual who shall serve as Vice Chair of the Commission.
In nominating individuals under this subsection, the President shall ensure that— veterans, reflecting current demographics of veterans enrolled in the system of annual patient enrollment under section 1705 of title 38, United States Code, are adequately represented in the membership of the Commission; at least one member of the Commission has experience working for a private integrated health care system that has annual gross revenues of more than $50,000,000; at least one member has experience as a senior manager for an entity specified in clause (ii), (iii), or
(iv)of section 101(a)(1)(B) of the Veterans Access, Choice, and Accountability Act of 2014 ( Public Law 113–146 ; 38 U.S.C. 1701 note); at least one member— has experience with capital asset management for the Federal Government; and is familiar with trades related to building and real property, including construction, engineering, architecture, leasing, and strategic partnerships; and at least three members represent congressionally chartered, membership-based, veterans service organizations. The Commission shall meet only during calendar years 2022 and 2023. Each meeting of the Commission shall be open to the public. All the proceedings, information, and deliberations of the Commission shall be available for review by the public. 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. Members of the Commission shall serve without pay. Each member of the Commission who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. 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 appoint a Director who— has not served as an employee of the Department of Veterans Affairs during the 1-year period preceding the date of such appointment; and is not otherwise barred or prohibited from serving as Director under Federal ethics laws and regulations, by reason of post-employment conflict of interest. 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 two-thirds of the personnel employed by or detailed to the Commission may be on detail from the Department of Veterans Affairs. Not more than half of the professional analysts of the Commission staff may be persons detailed from the Department of Veterans Affairs to the Commission. A person may not be detailed from the Department of Veterans Affairs to the Commission if, within 6 months before the detail is to begin, that person participated personally and substantially in any matter within the Department of Veterans Affairs concerning the preparation of recommendations regarding facilities of the Veterans Health Administration. Subject to paragraph (3), the head of any Federal department or agency, upon the request of the Director, 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 subtitle. The Commission may secure directly from any Federal agency such information the Commission considers necessary to carry out this subtitle. Upon request of the Chair, the head of such agency shall furnish such information to the Commission. 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. To the extent funds are available, the Commission may lease real property and acquire personal property either of its own accord or in consultation with the General Services Administration. The Commission shall terminate on December 31, 2023. Except as provided in paragraph (2), no person may restrict an employee of the Department of Veterans Affairs in communicating with the Commission. Paragraph
(1)does not apply to a communication that is unlawful.
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