[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1733 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1733

  To establish the Commission on the Review of the Overseas Military 
                Facility Structure of the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 18, 2011

 Mr. Tester (for himself and Mrs. Hutchison) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
  To establish the Commission on the Review of the Overseas Military 
                Facility Structure of the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on the Review of the 
Overseas Military Facility Structure of the United States Act of 
2011''.

SEC. 2. COMMISSION ON REVIEW OF OVERSEAS MILITARY FACILITY STRUCTURE OF 
              THE UNITED STATES.

    (a) In General.--
            (1) Establishment.--There is established the Commission on 
        the Review of the Overseas Military Facility Structure of the 
        United States (in this section referred to as the 
        ``Commission'').
            (2) Composition.--
                    (A) In general.--The Commission shall be composed 
                of eight members of whom--
                            (i) two shall be appointed by the majority 
                        leader of the Senate;
                            (ii) two shall be appointed by the minority 
                        leader of the Senate;
                            (iii) two shall be appointed by the Speaker 
                        of the House of Representatives; and
                            (iv) two shall be appointed by the minority 
                        leader of the House of Representatives.
                    (B) Qualifications.--Individuals appointed to the 
                Commission shall have significant experience in the 
                national security or foreign policy of the United 
                States.
                    (C) Deadline for appointment.--Appointments of the 
                members of the Commission shall be made not later than 
                45 days after the date of the enactment of this Act.
                    (D) Chairman and vice chairman.--The Commission 
                shall select a Chairman and Vice Chairman from among it 
                members.
            (3) Tenure; vacancies.--Members shall be appointed for the 
        life of the Commission. Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner as 
        the original appointment.
            (4) Meetings.--
                    (A) Initial meeting.--Not later than 30 days after 
                the date on which all members of the Commission have 
                been appointed, the Commission shall hold its first 
                meeting.
                    (B) Calling of the chairman.--The Commission shall 
                meet at the call of the Chairman.
                    (C) Quorum.--A majority of the members of the 
                Commission shall constitute a quorum, but a lesser 
                number of members may hold hearings.
    (b) Duties.--
            (1) Study of overseas military facility structure.--
                    (A) In general.--The Commission shall conduct a 
                thorough study of matters relating to the military 
                facility structure of the United States overseas.
                    (B) Scope.--In conducting the study, the Commission 
                shall--
                            (i) assess the number of forces required to 
                        be forward based outside the United States;
                            (ii) examine the current state of the 
                        military facilities and training ranges of the 
                        United States overseas for all permanent 
                        stations and deployed locations, including the 
                        condition of land and improvements at such 
                        facilities and ranges and the availability of 
                        additional land, if required, for such 
                        facilities and ranges;
                            (iii) identify the amounts received by the 
                        United States, whether in direct payments, in-
                        kind contributions, or otherwise, from foreign 
                        countries by reason of military facilities of 
                        the United States overseas;
                            (iv) assess the feasibility and 
                        advisability of the closure or realignment of 
                        military facilities of the United States 
                        overseas, or of the establishment of new 
                        military facilities of the United States 
                        overseas;
                            (v) consider the findings of the February 
                        2011 Government Accountability Office report, 
                        ``Additional Cost Information and Stakeholder 
                        Input Necessary to Assess Military Posture in 
                        Europe'', GAO-11-131; and
                            (vi) consider or assess any other issue 
                        relating to military facilities of the United 
                        States overseas that the Commission considers 
                        appropriate.
            (2) Report.--
                    (A) In general.--Not later than 60 days after 
                holding its final public hearing, the Commission shall 
                submit to the President and Congress a report which 
                shall contain a detailed statement of the findings and 
                conclusions of the Commission, together with its 
                recommendations for such legislation and administrative 
                actions as it considers appropriate.
                    (B) Proposed overseas basing strategy.--In addition 
                to the matters specified in subparagraph (A), the 
                report shall also include a proposal by the Commission 
                for an overseas basing strategy for the Department of 
                Defense in order to meet the current and future mission 
                of the Department, taking into account heightened 
                fiscal constraints.
                    (C) Focus on particular issues.--The report shall 
                focus on current and future geopolitical posturing, 
                operational requirements, mobility, quality of life, 
                cost, and synchronization with the combatant commands.
    (c) Powers.--
            (1) Hearings.--The Commission may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers advisable to 
        carry out this section.
            (2) Information sharing.--The Commission may secure 
        directly from any Federal department or agency such information 
        as the Commission considers necessary to carry out this 
        section. Upon request of the Chairman of the Commission, the 
        head of such department or agency shall furnish such 
        information to the Commission.
            (3) Administrative support.--Upon request of the 
        Commission, the Administrator of General Services shall provide 
        to the Commission, on a reimbursable basis, the administrative 
        support necessary for the Commission to carry out its duties 
        under this section.
            (4) Mails.--The Commission may use the United States mails 
        in the same manner and under the same conditions as other 
        departments and agencies of the Federal Government.
            (5) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.
    (d) Personnel Matters.--
            (1) Compensation of members.--Each member of the Commission 
        who is not an officer or employee of the Federal Government 
        shall be compensated at a rate equal to the daily equivalent of 
        the annual rate of basic pay prescribed 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 
        Commission under this section. All members of the Commission 
        who are officers or employees of the United States shall serve 
        without compensation in addition to that received for their 
        services as officers or employees of the United States.
            (2) Travel.--
                    (A) Expenses.--Members of the Commission shall be 
                allowed travel expenses, including per diem in lieu of 
                subsistence, at rates authorized for employees of 
                agencies under subchapter I of chapter 57 of title 5, 
                United States Code, while away from their homes or 
                regular places of business in the performance of 
                services for the Commission under this section.
                    (B) Military aircraft.--Members and staff of the 
                Commission may receive transportation on military 
                aircraft to and from the United States, and overseas, 
                for purposes of the performance of the duties of the 
                Commission to the extent that such transportation will 
                not interfere with the requirements of military 
                operations.
            (3) Staffing.--
                    (A) Executive director.--The Chairman of the 
                Commission may, without regard to the civil service 
                laws and regulations, appoint and terminate an 
                executive director and such other additional personnel 
                as may be necessary to enable the Commission to perform 
                its duties under this section. The employment of an 
                executive director shall be subject to confirmation by 
                the Commission.
                    (B) Staff.--The Commission may employ a staff to 
                assist the Commission in carrying out its duties. The 
                total number of the staff of the Commission, including 
                an executive director under subparagraph (A), may not 
                exceed 12.
                    (C) Compensation.--The Chairman of the Commission 
                may fix the compensation of the executive director and 
                other personnel without regard to chapter 51 and 
                subchapter III of chapter 53 of title 5, United States 
                Code, relating to classification of positions and 
                General Schedule pay rates, except that the rate of pay 
                for the executive director and other personnel may not 
                exceed the rate payable for level V of the Executive 
                Schedule under section 5316 of such title.
            (4) Details.--Any employee of the Department of Defense, 
        the Department of State, or the Government Accountability 
        Office may be detailed to the Commission without reimbursement, 
        and such detail shall be without interruption or loss of civil 
        service status or privilege.
            (5) Temporary and intermittent services.--The Chairman of 
        the Commission may procure temporary and intermittent services 
        under section 3109(b) of title 5, United States Code, at rates 
        for individuals which do not exceed the daily equivalent of the 
        annual rate of basic pay prescribed for level V of the 
        Executive Schedule under section 5316 of such title.
    (e) Security.--
            (1) Security clearances.--Members and staff of the 
        Commission, and any experts and consultants to the Commission, 
        shall possess security clearances appropriate for their duties 
        with the Commission under this section.
            (2) Information security.--The Secretary of Defense shall 
        assume responsibility for the handling and disposition of any 
        information relating to the national security of the United 
        States that is received, considered, or used by the Commission 
        under this section.
    (f) Termination.--The Commission shall terminate 45 days after the 
date on which the Commission submits its report under subsection (b).
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