[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 967 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 967

To establish the Military Readiness Investigation Board, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2001

   Mr. Bond introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To establish the Military Readiness Investigation Board, and for other 
                               purposes.

    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 ``Military Readiness Investigation 
Board Act of 2001''.

SEC. 2. ESTABLISHMENT.

    There is established a task force to be known as the ``Military 
Readiness Investigation Board'' (hereafter in this Act referred to as 
the ``Readiness Board'').

SEC. 3. MEMBERSHIP.

    (a) Number and Appointment of Members.--(1) The Readiness Board 
shall be composed of not more than 12 members, who shall be appointed 
by the Secretary of Defense.
    (2) In selecting persons for appointment as members of the 
Readiness Board, the Secretary shall consult with the following members 
of Congress:
            (A) The chairmen and ranking minority members of the 
        Committees on Armed Services of the Senate and the House of 
        Representatives.
            (B) The chairmen and ranking minority members of the 
        Subcommittees on Defense of the Committees on Appropriations of 
        the Senate and the House of Representatives.
    (b) Qualifications for Appointment.--(1) Members of the Readiness 
Board shall be selected from among persons who are experts in analyzing 
the military readiness of the Armed Forces, performing statistical 
analyses, or applying best business practices that are relevant or 
adaptable to readiness-related processes of the Armed Forces.
    (2) A member of the Readiness Board shall have or qualify for the 
security clearance or clearances appropriate for the performance of the 
duties of the Readiness Board.
    (3) The Secretary shall seek to appoint to membership on the 
Readiness Board retired members of the Armed Forces not on active duty 
and civilians in a ratio to each other that the Secretary determines 
appropriate for ensuring that military and nonmilitary perspectives are 
represented to a significant extent among the members of the Readiness 
Board.
    (c) Periods of Appointment; Vacancies.--(1) The members of the 
Readiness Board shall be appointed for the life of the Readiness Board.
    (2) Any vacancy on the Readiness Board shall not affect its powers, 
but shall be filled in the same manner as the original appointment.
    (d) Time for Initial Appointments.--The members of the Readiness 
Board shall be appointed not later than 15 days after the date of the 
enactment of this Act.
    (e) Chairman.--The Secretary of Defense shall designate one of the 
members to be the Chairman of the Readiness Board.

SEC. 4. DUTIES.

    (a) In General.--It shall be the duty of the Readiness Board to 
conduct a comprehensive investigation of the state of mission readiness 
within all combat and combat support commands within the Armed Forces 
and to report the results of the investigation to the Secretary of 
Defense and to Congress.
    (b) Purpose.--The investigation and report of the Board shall be 
designed to provide the Secretary of Defense and Congress with an 
objective baseline assessment of the current state of the mission 
readiness of the Armed Forces so as to guide future appropriations and 
authorizations of appropriations for the Department of Defense.
    (c) Investigation.--(1) In carrying out the investigation, the 
Board shall--
            (A) conduct an objective evaluation of the ability of all 
        combat and combat support elements of the Armed Forces 
        currently to execute the tasks, at the levels, experienced by 
        the Armed Forces since the end of the Persian Gulf War and all 
        of the wartime missions within acceptable timelines and levels 
        of casualties;
            (B) determine whether, and the extent to which, 
        definitional concepts of combat readiness have changed for 
        major combat units and supporting elements since 1993;
            (C) determine and evaluate prevailing attitudes within the 
        combat and combat support commands of the Armed Forces 
        regarding the accuracy of the readiness levels reported for 
        those commands; and
            (D) assess the adequacy of improvements to the readiness 
        reporting system used within the Department of Defense and 
        formulate recommendations for actions to improve the system 
        further, including recommendations relating to the authority of 
        a commander to adjust the evaluated readiness level of the 
        commander's unit on the basis of the commander's judgment 
        rather than the strict application of objective criteria.
    (2) In carrying out its duties under this Act, the Readiness 
Board--
            (A) shall focus on the current state of readiness of the 
        Armed Forces, but shall also examine--
                    (i) the trends in readiness for the five years 
                preceding the year in which the Board is established;
                    (ii) patterns of deployment of the Armed Forces 
                during those five years; and
                    (iii) the readiness trends that are projected in 
                the future-years defense program submitted to Congress 
                in that year under section 221 of title 10, United 
                States Code;
            (B) may consider what if any additional equipment and 
        supplies are needed to improve readiness, but may not consider 
        any issue regarding the acquisition of major weapon systems for 
        future use by the Armed Forces; and
            (C) shall accept as being appropriate the baseline threat 
        assessments that are current during the conduct of the 
        investigation and may not examine or reassess any of the 
        existing levels of technological, military, or unconventional 
        threats that the United States and its allies may potentially 
        confront.
    (d) Completion and Report.--(1) Not later than one year after the 
date of the enactment of this Act, the Readiness Board shall complete 
the investigation and submit, in a classified and an unclassified 
version, a report on the results of the investigation to the Secretary 
of Defense and to Congress.
    (2) The report shall include detailed findings and conclusions, 
together with any recommendations for legislation or for administrative 
actions that the Board considers appropriate for improving the mission 
readiness of the Armed Forces or for improving the evaluation and 
reporting of readiness to the Secretary of Defense and to Congress.

SEC. 5. MEETINGS.

    (a) Schedule.--(1) The Readiness Board shall meet at the call of 
the chairman.
    (2) The Readiness Board shall hold its first meeting not later than 
15 days after the date on which all members have been appointed.
    (b) Quorum.--A majority of the members of the Readiness Board shall 
constitute a quorum, but a lesser number of members may take an action 
described in section 6(a) as authorized under that section.

SEC. 6. POWERS.

    (a) Investigation.--The Readiness Board may, for the purpose of 
carrying out this Act, conduct interviews and surveys, hold hearings, 
sit and act at times and places, take testimony, and receive evidence 
to the extent that the Readiness Board considers appropriate in 
carrying out its duties under section 4.
    (b) Obtaining Official Data.--The Readiness Board may secure 
information necessary to enable the Readiness Board to carry out its 
duties directly from any Department of Defense agency, command, or unit 
without approval from superior command authorities, including any 
classified information commensurate with Readiness Board members' 
security clearances.
    (c) Administrative Support Services.--Upon the request of the 
chairman of the Readiness Board, the Secretary of Defense shall provide 
the Readiness Board with administrative support, office space, 
transportation and security services necessary for the Readiness Board 
to carry out its duties under this Act.
    (d) Postal and Printing and Binding Services.--The Readiness Board 
may use the United States mails and obtain printing and binding 
services in the same manner and under the same conditions as other 
departments and agencies of the United States.

SEC. 7. PERSONNEL AND OTHER ADMINISTRATIVE MATTERS.

    (a) Compensation of Members.--Each member of the Readiness Board 
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 the member is engaged in the 
performance of the duties of the Readiness Board.
    (b) Travel.--(1) The members of the Readiness Board 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 
Readiness Board.
    (2) To the maximum extent practicable, the members and employees of 
the Readiness Board shall travel on military aircraft, military ships, 
military vehicles, or other military conveyances when travel is 
necessary in the performance of a duty of the Readiness Board, except 
that no such aircraft, ship, vehicle, or other conveyance may be 
scheduled primarily for the transportation of any such member or 
employee when the cost of commercial transportation is less expensive.
    (c) Staff.--(1) The chairman of the Readiness Board may, without 
regard to the civil service laws and regulations, appoint and terminate 
an executive director, and a staff of not more than 12 additional 
persons, if the Readiness Board determines that an executive director 
and staff are necessary in order for the Readiness Board to perform its 
duties effectively. The employment of an executive director shall be 
subject to confirmation by the Readiness Board.
    (2) The chairman may fix the compensation of the executive director 
without regard to the provisions of 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 may not exceed the rate payable for 
level V of the Executive Schedule under section 5316 of such title.
    (d) Detail of Federal Employees.--A Federal Government employee may 
be detailed to the Readiness Board without reimbursement, and such 
detail shall be without interruption or loss of civil service status or 
privilege. The Secretary shall ensure that sufficient personnel are 
detailed to the Readiness Board to enable the Readiness Board to carry 
out its duties effectively.
    (e) Additional Administrative Support.--The Secretary of Defense 
shall furnish the Readiness Board any administrative and support 
services requested by the Readiness Board.
    (f) Gifts.--The Readiness Board may accept, use, and dispose of 
gifts or donations of services or property.
    (g) Funding Sources.--The compensation, travel expenses, and per 
diem allowances of members and employees of the Readiness Board shall 
be paid out of funds available to the Department of Defense for the 
payment of compensation, travel expenses, and per diem allowances, 
respectively, of civilian employees of the department. The other 
expenses of the Readiness Board shall be paid out of funds available to 
the Department of Defense for the payment of similar expenses incurred 
by the department.

SEC. 8. TERMINATION.

    (a) In General.--Subject to subsection (b), the Readiness Board 
shall terminate 30 days after submitting the report under section 4(d).
    (b) Temporary Continuation.--(1) To ensure ready accessibility to 
informed explanation and discussion of the report and the proceedings 
of the Readiness Board, the service of the Chairman of the Readiness 
Board and one staff person designated by the Chairman shall continue 
until the end of the sixth month that begins after the month in which 
Board terminates under subsection (a).
    (2) Funds available for the Readiness Board shall be available for 
paying the compensation and expenses of the Chairman and the staff 
member under section 7 during the period of the continued service of 
the Chairman and staff member under paragraph (1).
                                 <all>