S.Amdt. 4340

1. Adds SEC. 2834. ESTABLISHMENT OF DEFENSE BASE CLOSURE AND REALIGNMENT REVIEW BOARD on page 549, between lines 2 and 3

   Adds a sectionPrinted page

   Inserted: SEC. 2834. ESTABLISHMENT OF DEFENSE BASE CLOSURE AND REALIGNMENT REVIEW BOARD.

   Inserted: The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding at the end the following new section:

   Inserted: "SEC. 2915. DEFENSE BASE CLOSURE AND REALIGNMENT REVIEW BOARD.

   Inserted: "(a) Establishment.--There is established an independent board to be known as the Defense Base Closure and Realignment Review Board (hereafter in this section referred to as the 'Board').

   Inserted: "(b) Membership.--

   Inserted: "(1) Composition.--The Board shall be composed of 11 members appointed by the President, of whom--

   Inserted: "(A) 7 shall be voting members, appointed by and with the consent of the Senate, who have broad-based private sector experience in the areas of real estate management, banking, investments, auditing, and national security, of whom--

   Inserted: "(i) 4 shall be nominated by the President based on the respective recommendations of the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives; and

   Inserted: "(ii) one shall be designated by the President to serve as Chairman of the Board;

   Inserted: "(B) 4 shall be non-voting members, serving at the pleasure of the President, of whom--

   Inserted: "(i) one shall be an official of the Department of Defense;

   Inserted: "(ii) one shall be an official of the Environmental Protection Agency; and

   Show 52 more inserted paragraphsShow less

   Inserted: "(iii) 2 shall be Federal Government officials (other than the officials described in clauses (i) and (ii)) designated by the President after consultation with the Comptroller General of the United States.

   Inserted: "(2) Date.--The appointments of the members of the Board shall be made not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2007.

   Inserted: "(c) Period of Appointment; Vacancies.--

   Inserted: "(1) Period of appointment.--Members shall be appointed for a term of not more than 6 years, and may be reappointed by the President. The terms of not more than 4 members may expire during any one year.

   Inserted: "(2) Vacancies.--Any vacancy in the Board shall not affect its powers, but shall be filled in the same manner as the original appointment and subject to any conditions that applied with respect to the original appointment. An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.

   Inserted: "(d) Duties.--The Board shall carry out the following duties:

   Inserted: "(1) Ensuring compliance by the Department of Defense and the military departments with the recommendations of the Commission that were approved in the report submitted by the President to Congress under section 2903 as part of the 2005 round of defense base closure and realignment.

   Inserted: "(2) Reviewing and analyzing the property conveyance policies of the Office of the Secretary of Defense and the military departments.

   Inserted: "(3) Assessing the effectiveness of such property conveyance policies.

   Inserted: "(4) Assessing the adequacy of funding related to the implementation of the approved recommendations of the Commission, including funding for environmental remediation.

   Inserted: "(e) Reports.--

   Inserted: "(1) Annual report.--

   Inserted: "(A) In general.--Not later than October 31, 2007, and annually thereafter for the next 4 years, the Board shall submit to Congress and the President a report on the implementation of the recommendations of the Commission that were approved in the report submitted by the President to Congress under section 2903 as part of the 2005 round of defense base closure and realignment.

   Inserted: "(B) Content.--Each report submitted under subparagraph (A) shall--

   Inserted: "(i) track and monitor the use of the Department of Defense Base Closure Account 2005 established by section 2906A;

   Inserted: "(ii) describe the implementation by each military department of the approved recommendations of the Commission, including any related annual net savings;

   Inserted: "(iii) describe the implementation of privatization plans;

   Inserted: "(iv) describe any environmental remediation undertaken by the Department of Defense, and the related costs; and

   Inserted: "(v) describe the effect, if any, of the closure or realignment of military installations under the 2005 round of defense base closure and realignment on the international treaty obligations of the United States.

   Inserted: "(C) Cooperation of department of defense.--The Secretary of Defense and the Secretaries of the military departments shall cooperate with and provide such support to the Board as may be needed for the purpose of preparing reports under this paragraph.

   Inserted: "(2) Special report on alternative processes for closed and realigned military installations.--

   Inserted: "(A) In general.--Not later than January 30, 2008, the Board shall submit to Congress and the President a report on the status of military installations scheduled for closure and realignment under the 2005 round of defense base closure and realignment.

   Inserted: "(B) Content.--The report submitted under subparagraph (A) shall--

   Inserted: "(i) include the results and detailed analysis of a study of the implementation of the recommendations made by the Commission that were approved in the report submitted by the President to Congress under section 2903 as part of the 2005 round of defense base closure and realignment;

   Inserted: "(ii) examine the feasibility of categorizing military installations scheduled for closure and realignment as--

   Inserted: "(I) properties that are the subject of negotiations with local redevelopment authorities or other parties for re-use or rezoning, and which may require special financing arrangements such as loans, loan guarantees, investments, environmental bonds and insurance, or other arrangements in order to transfer title and use to municipal, State, or private sector entities; and

   Inserted: "(II) properties that are sites on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) or that have significant environmental remediation problems requiring long-term management and oversight; and

   Inserted: "(iii) include a detailed examination of the feasibility of--

   Inserted: "(I) using one or more corporate models, including a public-private corporate model such as a foundation with a dedicated endowment, for transferring, managing, and preparing military installations closed or realigned since 1988 as part of the defense base closure and realignment process; and

   Inserted: "(II) using a public-private corporation to handle properties designated pursuant to clause (ii)(I) and a foundation to handle properties designated pursuant to clause (ii)(II).

   Inserted: "(C) Consultation with other agencies.--In completing the study required under this paragraph, the Board shall consult with the Secretary of Defense, the Secretaries of the military departments, the Comptroller General of the United States, the Administrator of the Environmental Protection Agency, the Administrator of the Federal Aviation Administration, the Secretary of Housing and Urban Development, and the Secretary of the Interior.

   Inserted: "(3) Final report.--Not later than December 31, 2011, the Board shall submit to Congress and the President a final report on the implementation of the recommendations of the Commission that were approved in the report submitted by the President to Congress under section 2903 as part of the 2005 round of defense base closure and realignment. The report shall include a review of the defense base closure and realignment process and any recommendations of the Board for changes in such process.

   Inserted: "(f) Meetings.--

   Inserted: "(1) In general.--Each meeting of the Board, other than meetings in which classified information is to be discussed, shall be open to the public.

   Inserted: "(2) Access to proceedings, information, and deliberations.--All the proceedings, information, and deliberations of the Board shall be open, upon request, to the following:

   Inserted: "(A) 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.

   Inserted: "(B) 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.

   Inserted: "(C) The Chairman and ranking minority party member of the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committees on Appropriations of the Senate or such other members of the Subcommittee designated by such Chairman or ranking minority party member.

   Inserted: "(D) The Chairman and ranking minority party member of the Subcommittee on Military Quality of Life and Veterans' Affairs, and Related Agencies of the Committees on Appropriations of the House of Representatives, or such other members of the Subcommittee designated by such Chairman or ranking minority party member.

   Inserted: "(g) Board Personnel Matters.--

   Inserted: "(1) Compensation of members.--

   Inserted: "(A) In general.--Each member of the Board, other than the Chairman, who is not an officer or employee of the Federal Government shall be compensated at a rate equivalent to the daily equivalent of the 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 such member is engaged in the performance of the duties of the Board. All members of the Board who are officers or employees of the Federal Government shall serve without compensation in addition to that received for their services as officers or employees of the Federal Government.

   Inserted: "(B) Chairman.--The Chairman shall be compensated at a rate equivalent to the daily equivalent to the annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code.

   Inserted: "(2) Travel expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.

   Inserted: "(3) Director.--The Chairman of the Board may, without regard to the civil service laws and regulations, appoint a Director, who shall be paid at the rate of basic pay equivalent to level IV of the Executive Schedule under section 5315 of title 5, United States Code. The employment of the Director shall be subject to confirmation by the Board.

   Inserted: "(4) Appointment of staff.--The Director may, with the approval of the Board, appoint up to 25 staff members to enable the Board to perform its duties, and fix the compensation of such staff without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and the General Schedule pay rates, except that the rate of pay may not exceed the rate of basic pay equivalent to level IV of the Executive Schedule under section 5315 of such title.

   Inserted: "(5) Procurement of temporary and intermittent services.--The Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.

   Inserted: "(h) Funding.--

   Inserted: "(1) Authorization of appropriations.--There are authorized to be appropriated to the Board such funds as are necessary to carry out its duties under this section. Such funds shall remain available until expended.

   Inserted: "(2) Transfer of funds.--If the Chairman of the Board certifies to the Secretary of Defense that insufficient funds are appropriated to the Board in any fiscal year, the Secretary of Defense shall, not later than 30 days after receiving such certification, transfer to the Board from the Department of Defense Base Closure Account 2005 established by section 2906A the amount requested by the Board in the certification. Such funds shall remain available until expended.

   Inserted: "(i) Inapplicability of FACA.--The requirements of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Board.

   Inserted: "(j) Termination.--The Board shall terminate 90 days after the submission of the final report required under subsection (e)(3).".

   Original wording

   On page 549, between lines 2 and 3, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed