II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Commission on the 

5 Review of the Overseas Military Facility Structure of the 

6 United States Act of 2011’’. 

7 SEC. 2. COMMISSION ON REVIEW OF OVERSEAS MILITARY 

8 FACILITY STRUCTURE OF THE UNITED 

9 STATES. 

10 (a) IN GENERAL.— 


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1 (1) ESTABLISHMENT.—There is established the 

2 Commission on the Review of the Overseas Military 

3 Facility Structure of the United States (in this sec4 tion referred to as the ‘‘Commission’’). 

5 (2) COMPOSITION.— 

6 (A) IN GENERAL.—The Commission shall 

7 be composed of eight members of whom— 

8 (i) two shall be appointed by the ma9 jority leader of the Senate; 

10 (ii) two shall be appointed by the mi11 nority leader of the Senate; 

12 (iii) two shall be appointed by the 

13 Speaker of the House of Representatives; 

14 and 

15 (iv) two shall be appointed by the mi16 nority leader of the House of Representa17 tives. 

18 (B) QUALIFICATIONS.—Individuals ap19 pointed to the Commission shall have signifi20 cant experience in the national security or for21 eign policy of the United States. 

22 (C) DEADLINE FOR APPOINTMENT.—Ap23 pointments of the members of the Commission 

24 shall be made not later than 45 days after the 

25 date of the enactment of this Act. 


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1 (D) CHAIRMAN AND VICE CHAIRMAN.— 

2 The Commission shall select a Chairman and 

3 Vice Chairman from among it members. 

4 (3) TENURE; VACANCIES.—Members shall be 

5 appointed for the life of the Commission. Any va6 cancy in the Commission shall not affect its powers, 

7 but shall be filled in the same manner as the origi8 nal appointment. 

9 (4) MEETINGS.— 

10 (A) INITIAL MEETING.—Not later than 30 

11 days after the date on which all members of the 

12 Commission have been appointed, the Commis13 sion shall hold its first meeting. 

14 (B) CALLING OF THE CHAIRMAN.—The 

15 Commission shall meet at the call of the Chair16 man. 

17 (C) QUORUM.—A majority of the members 

18 of the Commission shall constitute a quorum, 

19 but a lesser number of members may hold hear20 ings. 

21 (b) DUTIES.— 

22 (1) STUDY OF OVERSEAS MILITARY FACILITY

23 STRUCTURE.— 

24 (A) IN GENERAL.—The Commission shall 

25 conduct a thorough study of matters relating to 


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1 the military facility structure of the United 

2 States overseas. 

3 (B) SCOPE.—In conducting the study, the 

4 Commission shall— 

5 (i) assess the number of forces re6 quired to be forward based outside the 

7 United States; 

8 (ii) examine the current state of the 

9 military facilities and training ranges of 

10 the United States overseas for all perma11 nent stations and deployed locations, in12 cluding the condition of land and improve13 ments at such facilities and ranges and the 

14 availability of additional land, if required, 

15 for such facilities and ranges; 

16 (iii) identify the amounts received by 

17 the United States, whether in direct pay18 ments, in-kind contributions, or otherwise, 

19 from foreign countries by reason of mili20 tary facilities of the United States over21 seas; 

22 (iv) assess the feasibility and advis23 ability of the closure or realignment of 

24 military facilities of the United States 

25 overseas, or of the establishment of new 


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1 military facilities of the United States 

2 overseas; 

3 (v) consider the findings of the Feb4 ruary 2011 Government Accountability Of5 fice report, ‘‘Additional Cost Information 

6 and Stakeholder Input Necessary to Assess 

7 Military Posture in Europe’’, GAO–11– 

8 131; and 

9 (vi) consider or assess any other issue 

10 relating to military facilities of the United 

11 States overseas that the Commission con12 siders appropriate. 

13 (2) REPORT.— 

14 (A) IN GENERAL.—Not later than 60 days 

15 after holding its final public hearing, the Com16 mission shall submit to the President and Con17 gress a report which shall contain a detailed 

18 statement of the findings and conclusions of the 

19 Commission, together with its recommendations 

20 for such legislation and administrative actions 

21 as it considers appropriate. 

22 (B) PROPOSED OVERSEAS BASING STRAT23 EGY.—In addition to the matters specified in 

24 subparagraph (A), the report shall also include 

25 a proposal by the Commission for an overseas 


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1 basing strategy for the Department of Defense 

2 in order to meet the current and future mission 

3 of the Department, taking into account height4 ened fiscal constraints. 

5 (C) FOCUS ON PARTICULAR ISSUES.—The 

6 report shall focus on current and future geo7 political posturing, operational requirements, 

8 mobility, quality of life, cost, and synchroni9 zation with the combatant commands. 

10 (c) POWERS.— 

11 (1) HEARINGS.—The Commission may hold 

12 such hearings, sit and act at such times and places, 

13 take such testimony, and receive such evidence as 

14 the Commission considers advisable to carry out this 

15 section. 

16 (2) INFORMATION SHARING.—The Commission 

17 may secure directly from any Federal department or 

18 agency such information as the Commission con19 siders necessary to carry out this section. Upon re20 quest of the Chairman of the Commission, the head 

21 of such department or agency shall furnish such in22 formation to the Commission. 

23 (3) ADMINISTRATIVE SUPPORT.—Upon request 

24 of the Commission, the Administrator of General 

25 Services shall provide to the Commission, on a reimVerDate Mar 15 2010 01:00 Oct 20, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1733.IS S1733

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1 bursable basis, the administrative support necessary 

2 for the Commission to carry out its duties under this 

3 section. 

4 (4) MAILS.—The Commission may use the 

5 United States mails in the same manner and under 

6 the same conditions as other departments and agen7 cies of the Federal Government. 

8 (5) GIFTS.—The Commission may accept, use, 

9 and dispose of gifts or donations of services or prop10 erty. 

11 (d) PERSONNEL MATTERS.— 

12 (1) COMPENSATION OF MEMBERS.—Each mem13 ber of the Commission who is not an officer or em14 ployee of the Federal Government shall be com15 pensated at a rate equal to the daily equivalent of 

16 the annual rate of basic pay prescribed for level IV 

17 of the Executive Schedule under section 5315 of title 

18 5, United States Code, for each day (including travel 

19 time) during which such member is engaged in the 

20 performance of the duties of the Commission under 

21 this section. All members of the Commission who are 

22 officers or employees of the United States shall serve 

23 without compensation in addition to that received for 

24 their services as officers or employees of the United 

25 States. 


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1 (2) TRAVEL.— 

2 (A) EXPENSES.—Members of the Commis3 sion shall be allowed travel expenses, including 

4 per diem in lieu of subsistence, at rates author5 ized for employees of agencies under subchapter 

6 I of chapter 57 of title 5, United States Code, 

7 while away from their homes or regular places 

8 of business in the performance of services for 

9 the Commission under this section. 

10 (B) MILITARY AIRCRAFT.—Members and 

11 staff of the Commission may receive transpor12 tation on military aircraft to and from the 

13 United States, and overseas, for purposes of the 

14 performance of the duties of the Commission to 

15 the extent that such transportation will not 

16 interfere with the requirements of military oper17 ations. 

18 (3) STAFFING.— 

19 (A) EXECUTIVE DIRECTOR.—The Chair20 man of the Commission may, without regard to 

21 the civil service laws and regulations, appoint 

22 and terminate an executive director and such 

23 other additional personnel as may be necessary 

24 to enable the Commission to perform its duties 

25 under this section. The employment of an execVerDate Mar 15 2010 01:00 Oct 20, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1733.IS S1733

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1 utive director shall be subject to confirmation 

2 by the Commission. 

3 (B) STAFF.—The Commission may employ 

4 a staff to assist the Commission in carrying out 

5 its duties. The total number of the staff of the 

6 Commission, including an executive director 

7 under subparagraph (A), may not exceed 12. 

8 (C) COMPENSATION.—The Chairman of 

9 the Commission may fix the compensation of 

10 the executive director and other personnel with11 out regard to chapter 51 and subchapter III of 

12 chapter 53 of title 5, United States Code, relat13 ing to classification of positions and General 

14 Schedule pay rates, except that the rate of pay 

15 for the executive director and other personnel 

16 may not exceed the rate payable for level V of 

17 the Executive Schedule under section 5316 of 

18 such title. 

19 (4) DETAILS.—Any employee of the Depart20 ment of Defense, the Department of State, or the 

21 Government Accountability Office may be detailed to 

22 the Commission without reimbursement, and such 

23 detail shall be without interruption or loss of civil 

24 service status or privilege. 


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1 (5) TEMPORARY AND INTERMITTENT SERV2 ICES.—The Chairman of the Commission may pro3 cure temporary and intermittent services under sec4 tion 3109(b) of title 5, United States Code, at rates 

5 for individuals which do not exceed the daily equiva6 lent of the annual rate of basic pay prescribed for 

7 level V of the Executive Schedule under section 5316 

8 of such title. 

9 (e) SECURITY.— 

10 (1) SECURITY CLEARANCES.—Members and 

11 staff of the Commission, and any experts and con12 sultants to the Commission, shall possess security 

13 clearances appropriate for their duties with the 

14 Commission under this section. 

15 (2) INFORMATION SECURITY.—The Secretary of 

16 Defense shall assume responsibility for the handling 

17 and disposition of any information relating to the 

18 national security of the United States that is re19 ceived, considered, or used by the Commission under 

20 this section. 

21 (f) TERMINATION.—The Commission shall terminate 

22 45 days after the date on which the Commission submits 

23 its report under subsection (b). 

Æ 


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