Sec. 2902. THE COMMISSION
1,633 words·~7 min read·
/statute-compilations/comps-10716/sec-2902A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 2902 THE COMMISSION ###
(a)Establishment There is established an independent commission to be known as the “Defense Base Closure and Realignment Commission”. ###
(b)Duties The Commission shall carry out the duties specified for it in this part. ###
(c)Appointment ####
(1)#####
(A)The Commission shall be composed of eight members appointed by the President, by and with the advise and consent of the Senate. #####
(B)The President shall transmit to the Senate the nominations for appointment to the Commission— ######
(i)by no later than January 3, 1991, in the case of members of the Commission whose terms will expire at the end of the first session of the 102nd Congress; ######
(ii)by no later than January 25, 1993, in the case of members of the Commission whose terms will expire at the end of the first session of the 103rd Congress; and ######
(iii)by no later than January 3, 1995, in the case of members of the Commission whose terms will expire at the end of the first session of the 104th Congress. #####
(C)If the President does not transmit to Congress the nominations for appointment to the Commission on or before the date specified for 1993 in clause
(ii)of subparagraph
(B)or for 1995 in clause
(iii)of such subparagraph, the process by which military installations may be selected for closure or realignment under this part with respect to that year shall be terminated. ####
(2)In selecting individuals for nominations for appointments to the Commission, the President should consult with— #####
(A)the Speaker of the House of Representatives concerning the appointment of two members; #####
(B)the majority leader of the Senate concerning the appointment of two members; #####
(C)the minority leader of the House of Representatives concerning the appointment of one member; and #####
(D)the minority leader of the Senate concerning the appointment of one member. ####
(3)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. ###
(d)Terms ####
(1)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. ####
(2)The Chairman of the Commission shall serve until the confirmation of a successor. ###
(e)Meetings ####
(1)The Commission shall meet only during calendar years 1991, 1993, and 1995. ####
(2)#####
(A)Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public. #####
(B)All the proceedings, information, and deliberations of the Commission shall be open, upon request, to the following: ######
(i)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. ######
(ii)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. ######
(iii)The Chairmen and ranking minority party members of the Subcommittees on 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. ###
(f)Vacancies 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. ###
(g)Pay and Travel Expenses ####
(1)#####
(A)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. #####
(B)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. ####
(2)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. ###
(h)Director of Staff ####
(1)The Commission shall, without regard to section 5311(b) 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. ####
(2)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. ###
(i)Staff ####
(1)Subject to paragraphs
(2)and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. ####
(2)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–18 of the General Schedule. ####
(3)#####
(A)Not more than one-third of the personnel employed by or detailed to the Commission may be on detail from the Department of Defense. #####
(B)######
(i)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. ######
(ii)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. #####
(C)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. #####
(D)No member of the Armed Forces, and no officer or employee of the Department of Defense, may— ######
(i)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; ######
(ii)review the preparation of such a report; or ######
(iii)approve or disapprove such a report. ####
(4)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 part. ####
(5)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. ####
(6)The following restrictions relating to the personnel of the Commission shall apply during 1992 and 1994: #####
(A)There may not be more than 15 persons on the staff at any one time. #####
(B)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. #####
(C)No member of the Armed Forces and no employee of the Department of Defense may serve on the staff. ###
(j)Other Authority ####
(1)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. ####
(2)The Commission may lease space and acquire personal property to the extent funds are available. ###
(k)Funding ####
(1)There are authorized to be appropriated to the Commission such funds as are necessary to carry out its duties under this part. Such funds shall remain available until expended. ####
(2)If no funds are appropriated to the Commission by the end of the second session of the 101st Congress, the Secretary of Defense may transfer, for fiscal year 1991, to the Commission funds from the Department of Defense Base Closure Account established by section 207 of Public Law 100–526. Such funds shall remain available until expended. ####
(3)#####
(A)The Secretary may transfer not more than $300,000 from unobligated funds in the account referred to in subparagraph
(B)for the purpose of assisting the Commission in carrying out its duties under this part during October, November, and December 1995. Funds transferred under the preceding sentence shall remain available until December 31, 1995. #####
(B)The account referred to in subparagraph
(A)is the Department of Defense Base Closure Account established under section 207(a) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). ###
(l)Termination The Commission shall terminate on December 31, 1995. ###
(m)Prohibition Against Restricting Communications Section 1034 of title 10, United States Code, shall apply with respect to communications with the Commission.
Connectionstraces to 1
Traces to 1 document
U.S. Code
1 reference not yet in our index
- Pub. L. 100-526
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources