[Congressional Record (Bound Edition), Volume 157 (2011), Part 13]
[Senate]
[Pages 18409-18410]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

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  SA 1452. Mrs. HUTCHISON (for herself and Mr. Tester) submitted an 
amendment intended to be proposed to amendment SA 1246 by Mr. McCain to 
the bill S. 1867, to authorize appropriations for fiscal year 2012 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment add the following:

     SEC. 1088. 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

[[Page 18410]]

     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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  SA 1453. Mr. KYL (for himself and Mr. Corker) submitted an amendment 
intended to be proposed to amendment SA 1183 proposed by Mr. Sessions 
to the bill S. 1867, to authorize appropriations for fiscal year 2012 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

     SEC. 3104. AUTHORIZATION OF TRANSFER OF AMOUNTS FROM 
                   DEPARTMENT OF DEFENSE TO NATIONAL NUCLEAR 
                   SECURITY ADMINISTRATION.

       (a) In General.--Subject to subsection (b), if the amount 
     appropriated for the weapons activities of the National 
     Nuclear Security Administration for fiscal year 2012 is less 
     than the amount authorized to be appropriated for those 
     activities for that fiscal year by this title, the Secretary 
     of Defense may transfer, from amounts appropriated for the 
     Department of Defense for fiscal year 2012 pursuant to an 
     authorization of appropriations under this Act, to the 
     Secretary of Energy for the weapons activities of the 
     National Nuclear Security Administration an amount up to 
     $125,000,000.
       (b) Applicability of Notification Procedures.--The transfer 
     authorized under subsection (a) shall be subject to the 
     notification procedures under section 1001 of this Act and 
     section 8005 of the Department of Defense Appropriations Act, 
     2012.
       (c) Transfer Authority.--The transfer authority provided 
     under this section is in addition to any other transfer 
     authority provided under this Act.
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  SA 1454. Mr. JOHNSON of South Dakota (for himself and Mr. Thune) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2354, making appropriations for energy and water development and 
related agencies for the fiscal year ending September 30, 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       In title II of division A, at the end of the sections under 
     the heading ``GENERAL PROVISIONS--DEPARTMENT OF THE 
     INTERIOR'', add the following:
       Sec. ___.  Any funds available to carry out the Oglala 
     Sioux Rural Water Supply System authorized by section 3(a) of 
     the Mni Wiconi Project Act of 1988 (Public Law 100-516; 102 
     Stat. 2566; 108 Stat. 4539) shall also be available for the 
     Secretary of the Interior to plan, design, construct, 
     operate, maintain, and replace the Oglala Sioux Rural Water 
     Supply System within the entire boundary of the Pine Ridge 
     Indian Reservation, including the tract of land in the State 
     of Nebraska set aside as part of the Pine Ridge Indian 
     Reservation by the Executive order dated February 20, 1904.

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