S.Amdt. 1246Senate112th Congress (2011-2013)

To require the Secretary of Defense to consult with the Armed Services committees in commissioning an independent assessment of United States security interests in East Asia and the Pacific region.

What it does: Rewrites section 1079
Submitted November 18, 2011

What it changes

1 change to S. 1867 · shown in the bill's text

Rewrites a provision
  1. Rewrites section 1079

    Replaces

    In S. 1867 · Placed on Calendar Senate

    SEC. 1079. [struck: STUDY ON ][inserted: COMMISSION TO STUDY ]UNITED STATES FORCE POSTURE IN EAST ASIA AND THE PACIFIC REGION.

    (a) Independent Assessment.--

    (1) In general.--The Secretary of Defense shall [inserted: establish a ]commission [inserted: to conduct ]an independent assessment of America's security interests in East Asia and the Pacific region. The [struck: assessment][inserted: commission] shall be [struck: conducted][inserted: supported] by an independent, non-governmental institute which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, and has recognized credentials and expertise in national security and military affairs with ready access to policy experts throughout the country and from the region.

    (2) Elements.--The [struck: assessment conducted][inserted: commission established] pursuant to paragraph (1) shall [struck: include][inserted: assess] the following elements:

    (A) A review of current and emerging United States national security interests in the East Asia and Pacific region.

    (B) A review of current United States military force posture and deployment plans, with an emphasis on the current plans for United States force realignments in Okinawa and Guam.

    (C) Options for the realignment of United States forces in the region to respond to new opportunities presented by allies and partners.

    (D) The views of noted policy leaders and regional experts, including military commanders in the region.

    Struck: (b) Report.--Not later than 90 days after the date of the enactment of this Act, the designated private entity shall provide an unclassified report, with a classified annex, containing its findings to the Secretary of Defense. Not later than 90 days after the date of receipt of the report, the Secretary of Defense shall transmit the report to the congressional defense committees, together with such comments on the report as the Secretary considers appropriate.

    Struck: (c) Authorization of Appropriations.--Of the amounts authorized to be appropriated under section 301 for operation and maintenance for Defense-wide activities, up to $1,000,000, shall be made available for the completion of the study required under this section.

    Inserted: (b) Members of the Commission.--

    Inserted: (1) Composition.--For purposes of conducting the assessment required by paragraph (a), the commission established shall include eight members as follows:

    Inserted: (A) Two appointed by the chairman of the Committee on Armed Services of the House of Representatives.

    Inserted: (B) Two appointed by the chairman of the Committee on Armed Services of the Senate.

    Inserted: (C) Two appointed by the ranking member of the Committee on Armed Services of the House of Representatives.

    Inserted: (D) Two appointed by the ranking member of the Committee on Armed Services of the Senate.

    Inserted: (2) Qualifications.--Individuals appointed to the commission shall have significant experience in the national security or foreign policy of the United States.

    Inserted: (3) Deadline for appointment.--Appointments of the members of the commission shall be made not later than 60 days after the date of the enactment of this Act.

    Inserted: (4) Chairman and vice chairman.--The commission shall select a Chairman and Vice Chairman from among it members.

    Inserted: (5) 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.

    Inserted: (6) Meetings.--

    Inserted: (A) Initial meeting.--Not later than 14 days after the date on which all members of the commission have been appointed, the commission shall hold its first meeting.

    Show 22 more inserted paragraphs

    Inserted: (B) Calling of the chairman.--The commission shall meet at the call of the Chairman.

    Inserted: (C) Quorum.--A majority of the members of the commission shall constitute a quorum, but a lesser number of members may hold hearings.

    Inserted: (c) Report.--Not later than 270 days after the date of the enactment of this Act, the commission shall provide to the Secretary of Defense an unclassified report, with a classified annex, containing its findings. Not later than 90 days after the date of receipt of the report, the Secretary of Defense, after consultation with the Chairman of the Joint Chiefs of Staff, shall transmit the report to the congressional defense committees, together with such comments on the report as the Secretary considers appropriate.

    Inserted: (d) Powers.--

    Inserted: (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.

    Inserted: (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.

    Inserted: (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.

    Inserted: (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.

    Inserted: (5) Gifts.--The commission may accept, use, and dispose of gifts or donations of services or property.

    Inserted: (e) Personnel Matters.--

    Inserted: (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.

    Inserted: (2) Travel.--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.

    Inserted: (3) Staffing.--

    Inserted: (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.

    Inserted: (B) Staff.--The commission may employ a staff to assist the commission in carrying out its duties.

    Inserted: (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.

    Inserted: (4) Details.--Any employee of the Department of Defense or the Department of State may be detailed to the commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

    Inserted: (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.

    Inserted: (f) Security.--

    Inserted: (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.

    Inserted: (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.

    Inserted: (g) Termination of Panel.--The Panel shall terminate 45 days after the date on which the Panel submits its final report under subsection (c).

    Original wording

    Strike section 1079 and insert the following:

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

As printed

SA 1246. Mr. McCAIN submitted an amendment intended to be proposed by him 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; as follows:

Strike section 1079 and insert the following:

SEC. 1079. COMMISSION TO STUDY UNITED STATES FORCE POSTURE IN EAST ASIA AND THE PACIFIC REGION.

(a) Independent Assessment.--

(1) In general.--The Secretary of Defense shall establish a commission to conduct an independent assessment of America's security interests in East Asia and the Pacific region. The commission shall be supported by an independent, non-governmental institute which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, and has recognized credentials and expertise in national security and military affairs with ready access to policy experts throughout the country and from the region.

(2) Elements.--The commission established pursuant to paragraph (1) shall assess the following elements:

(A) A review of current and emerging United States national security interests in the East Asia and Pacific region.

(B) A review of current United States military force posture and deployment plans, with an emphasis on the current plans for United States force realignments in Okinawa and Guam.

(C) Options for the realignment of United States forces in the region to respond to new opportunities presented by allies and partners.

(D) The views of noted policy leaders and regional experts, including military commanders in the region.

(b) Members of the Commission.--

(1) Composition.--For purposes of conducting the assessment required by paragraph (a), the commission established shall include eight members as follows:

(A) Two appointed by the chairman of the Committee on Armed Services of the House of Representatives.

(B) Two appointed by the chairman of the Committee on Armed Services of the Senate.

(C) Two appointed by the ranking member of the Committee on Armed Services of the House of Representatives.

(D) Two appointed by the ranking member of the Committee on Armed Services of the Senate.

(2) Qualifications.--Individuals appointed to the commission shall have significant experience in the national security or foreign policy of the United States.

(3) Deadline for appointment.--Appointments of the members of the commission shall be made not later than 60 days after the date of the enactment of this Act.

(4) Chairman and vice chairman.--The commission shall select a Chairman and Vice Chairman from among it members.

(5) 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.

(6) Meetings.--

(A) Initial meeting.--Not later than 14 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.

(c) Report.--Not later than 270 days after the date of the enactment of this Act, the commission shall provide to the Secretary of Defense an unclassified report, with a classified annex, containing its findings. Not later than 90 days after the date of receipt of the report, the Secretary of Defense, after consultation with the Chairman of the Joint Chiefs of Staff, shall transmit the report to the congressional defense committees, together with such comments on the report as the Secretary considers appropriate.

(d) 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.

(e) 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.--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.

(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.

(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 or the Department of State 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.

(f) 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.

(g) Termination of Panel.--The Panel shall terminate 45 days after the date on which the Panel submits its final report under subsection (c).

Legislative Activity

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7 earlier actions
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Senate amendment agreed to: Amendment SA 1246 as modified agreed to in Senate by Voice Vote.(text as modified: CR S8060)

November 30, 2011

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Senate amendment agreed to: Amendment SA 1246 as modified agreed to in Senate by Voice Vote.(text as modified: CR S8060)

November 30, 2011

Floor

Considered by Senate. (consideration: CR S8013, S80160-8061)

November 30, 2011

Floor

Amendment SA 1246 as modified agreed to in Senate by Voice Vote. (text as modified: CR S8060)

November 30, 2011

Floor

Considered by Senate. (consideration: CR S7944)

November 29, 2011

Floor

Considered by Senate. (consideration: CR S7885)

November 28, 2011

Floor

Senate amendment submitted

November 18, 2011

Floor

Senate amendment proposed (on the floor): Amendment SA 1246 proposed by Senator Ayotte for Senator McCain.(consideration: CR S7804-7808; text: CR S7805-7806)

November 18, 2011

Floor

Amendment SA 1246 proposed by Senator Ayotte for Senator McCain. (consideration: CR S7804-7808; text: CR S7805-7806) To require the Secretary of Defense to consult with the Armed Services committees in commissioning an independent assessment of United States security interests in East Asia and the Pacific region.

November 18, 2011

Amendments

1 amendment

Offered to this amendment