[Congressional Record Volume 162, Number 82 (Tuesday, May 24, 2016)]
[Senate]
[Pages S3109-S3110]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4096. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 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:

       After section 502, insert the following:

     SEC. 502A. REDUCTION IN NUMBER OF GENERAL AND FLAG OFFICERS.

       (a) Plan for Achievement of Reduction.--
       (1) In general.--Commencing not later than 120 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall implement a plan to reduce the number of 
     general and flag officers authorized by sections 525 and 526 
     of title 10, United States Code, by a number that is not less 
     than 25 percent of the aggregate authorized baseline number 
     of general and flag officers specified in paragraph (2).
       (2) Baseline.--The aggregate authorized baseline number of 
     general and flag officers specified in this paragraph is the 
     aggregate number of general and flag offices authorized by 
     sections 525 and 526 of title 10, United States Code, as of 
     December 31, 2015, and without regard to either of the 
     following:
       (A) A reduction in the authorized number of general and 
     flag officer billets by reason of an amendment or repeal made 
     by section 502.
       (B) A reduction in the number of general and flag officer 
     billets in connection with the consolidation of the medical 
     departments of the Army, Navy, and Air Force into the Defense 
     Health Agency pursuant to section 721.
       (3) Elements.--The plan under this subsection shall achieve 
     the following:
       (A) The total aggregate strength of officers in the grade 
     of general or admiral may not exceed the number equal to the 
     number of officers serving in the positions as follows:
       (i) Chairman of the Joint Chiefs of Staff.
       (ii) Vice Chairman of the Joint Chiefs of Staff.
       (iii) Commander of each unified or specified combatant 
     command.
       (iv) Commander, United States Forces Korea.
       (v) An additional officer serving in a position designated 
     pursuant to section 526(b) of title 10, United States Code.
       (vi) Chief of Staff of the Army.
       (vii) Chief of Naval Operations.
       (viii) Chief of Staff of the Air Force.
       (ix) Commandant of the Marine Corps.
       (x) Chief of the National Guard Bureau.
       (xi) Three positions in each of the Army, the Navy, and the 
     Air Force designated by the Secretary for purposes of this 
     subsection.
       (B) The total aggregate strength of officers in the grade 
     of lieutenant general or vice admiral may not exceed a number 
     equal to 25 percent of the aggregate number of officers 
     serving in the grade of brigadier general or rear admiral 
     (lower half).
       (C) The total aggregate strength of officers in the grade 
     of brigadier general or rear admiral (lower half) may not 
     exceed the number equal to 50 percent of the aggregate 
     authorized baseline number of general and flag officers 
     specified in paragraph (2).
       (4) Time for completion.--The plan shall be implemented so 
     as to achieve the requirements in paragraph (3) by not later 
     than December 31, 2017.
       (5) Orderly transition.--
       (A) In general.--In order to provide an orderly transition 
     for personnel in billets to be eliminated pursuant to the 
     plan, each general or flag officer who has not completed 24 
     months in a billet to be eliminated pursuant to the plan as 
     of December 31, 2017, may remain in such billet until the 
     last day of the month that is 24 months after the month in 
     which such officer assumed the duties of such billet.
       (B) Report to congress on covered officers.--The Secretary 
     shall include in the annual report required by section 526(j) 
     of title 10, United States Code, in 2017 a description of the 
     billets in which an officer will remain pursuant to 
     subparagraph (A), including the latest date on which the 
     officer may remain in such billet pursuant to that 
     subparagraph.
       (C) Notice to congress on detachment of covered officers.--
     The Secretary shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     notice on the date on which each officer covered by 
     subparagraph (A) is detached from such officer's billet 
     pursuant to that subparagraph.
       (6) Reports on progress in implementation.--The Secretary 
     shall include with the budget for the Department of Defense 
     for each of fiscal year 2018 and 2019, as submitted to 
     Congress pursuant to section 1105 of title 31, United States 
     Code, a report describing and assessing the progress of the 
     Department in implementing the plan and in achieving the 
     requirements of paragraph (3).
       (b) Reductions.--
       (1) In general.--In order to achieve the requirements of 
     the plan required by subsection (a), effective 30 days after 
     the commencement of the implementation of the plan, the 
     Secretary of Defense shall include with each nomination of an 
     officer to a grade above colonel or captain (in the case of 
     the Navy) that is forwarded by the President to the Senate 
     for appointment, by and with the advice and consent of the 
     Senate, a certification to the Committee on Armed Services of 
     the Senate that the appointment of the officer to the grade 
     concerned will not result in either of the following:
       (A) An aggregate number of general and flag officers in 
     excess of the reduced aggregate number of general and flag 
     officers required by subsection (a)(1).
       (B) A number of general and flag officers in excess of the 
     limitations on numbers in grade specified in subparagraphs 
     (A), (B), and (C) of subsection (a)(3).
       (2) Implementation.--Not later than 120 days after the date 
     of the enactment of this Act, the Secretary shall revise 
     applicable guidance of the Department of Defense on general 
     and flag officer authorizations in order to ensure that--
       (A) the achievement of the reductions required by 
     subsection (a) in incorporated into the planning for the 
     execution of promotions by the military departments and for 
     the joint pool;
       (B) to the extent practicable, the resulting grades for 
     general and flag officer billets are uniformly applied to 
     billets of similar duties and responsibilities across the 
     military departments and the joint pool; and
       (C) planning achieves a reduction in the headquarters 
     functions and administrative and support activities and 
     staffs of the Department of Defense and the military 
     departments as identified pursuant to the review required by 
     subsection (c).
       (c) Comprehensive Review of Headquarters Staff and 
     Administrative and Support Activities.--
       (1) In general.--The Secretary of Defense shall conduct a 
     comprehensive review of the headquarters functions and 
     administrative and support activities and staffs of the 
     Department of Defense and the military departments in light 
     of the reductions required by subsection (a), including 
     executive assistants, aides-de-camp, enlisted aides, and 
     similar support authorized for billets that will be 
     eliminated pursuant to that plan required by that subsection.
       (2) Elements.--The review required by paragraph (1) shall 
     determine the following:
       (A) The validated direct support staff requirements for 
     each general and flag officer billet that will remain after 
     the reduction pursuant to subsection (a).
       (B) The extent, if any, to which the direct support staff 
     requirements of the general and flag officer billet covered 
     by subparagraph (A) may be consolidated with geographically 
     co-located authorized general and flag officer billets to 
     achieve efficiencies and personnel cost savings.
       (C) The requirements and justification, if any, for each 
     general and flag officer billet covered by subparagraph (A) 
     to be authorized any of the following:
       (i) To have an assigned personal protective detail.
       (ii) To be assigned personnel on a permanent and dedicated 
     support basis as follows:

       (I) An aide to provide access to continuous and secure 
     communications.
       (II) An executive assistant.
       (III) An aide-de-camp.
       (IV) An enlisted aide,

       (iii) To be a required-use user of military aircraft.
       (iv) To be provided domicile-to-work transportation.
       (v) To use armored or specialized motor vehicle support in 
     the performance of official duties.
       (vi) To control for the officer's official use any 
     aircraft, boat, or similar military conveyance.
       (vii) To be required to occupy Government quarters.
       (D) The extent, if any, to which each billet covered by 
     subparagraph (A) qualifies for joint duty credit.

[[Page S3110]]

       (E) A frequency for the regular review of each billet 
     covered by subparagraph (A) for the matters specified in 
     subparagraphs (A) through (D), including such a review each 
     time an officer detaches from such billet.
       (F) To the extent that the reductions required by 
     subsection (a) are likely to result in reductions in 
     headquarters functions and administrative and support 
     activities and staffs as described in paragraph (1), 
     mechanisms to accomplish reductions in such staffs in a 
     manner that, to the extent practicable, avoids adverse 
     professional and personnel consequences for the personnel of 
     such staffs.
       (G) The extent, if any, to which reductions in military and 
     civilian end-strength associated with general or flag officer 
     billets could be used to create, build, or fill shortages in 
     force structure for operational units.
       (3) Consultation.--The Secretary shall, to the extent 
     practicable and as the Secretary considers appropriate, 
     conduct the review required by paragraph (1) in consultation 
     with the Joint Chiefs of Staff and experts on matters covered 
     by the review who are independent of the Department of 
     Defense.
       (4) Report.--Not later than March 1, 2017, the Secretary 
     shall submit to the congressional defense committees a report 
     setting forth the results of the review required by paragraph 
     (1).
                                 ______