II 112th CONGRESS 1st Session S. 1733 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.

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.

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).